4 Defense Strategies In Criminal Cases
If you get arrested for a crime, you have many defense strategies to consider. Your attorney can help you determine which course of action is best. If you would like to know more to better prepare yourself for your meeting with your attorney, check out these four defense strategies for criminal cases.
If you didn't commit the crime, you'll want to plead innocent. Of course, this is easier said than done. Your attorney will need to help prove your defense with:
- Witness testimonies
- Expert witness testimonies
The goal is to fully prove your innocence or at least cast doubt on whether you committed the crime. The prosecution's job is to prove you are guilty beyond a reasonable doubt.
In some cases, you were involved in the crime for which you are accused. However, you may have been defending yourself. For example, if someone attempts to kill you and you defend yourself by attacking them, you were simply defending yourself. Even if you ended up killing them, your attorney can argue you needed to use extreme or lethal force for your own protection.
Again, the attorney will need help from witnesses. The courts may also consider your previous arrest record. If you have no previous arrests, but the other person has a history of violent crimes, your attorney can use this to help prove you were protecting your life. Self-defense cases also work if you are protecting a loved one, friend, or even a stranger.
3. Constitutional Violations
Regardless of whether you committed a crime or not, the justice system has a lot of rules to follow. This includes reading the Miranda warning, but it also includes illegally seizing evidence, not getting an arrest warrant, and much more. Officers who are too aggressive or coercive with witnesses or suspects may also be violating constitutional rights.
If your defense strategy is insanity, expect a tough battle. To prove an insanity defense, your attorney needs to show that you couldn't determine right from wrong at the time of the crime. Even if you have a history of mental illness, this can be difficult to prove, especially if there's proof you've been preparing and planning the crime for a long time. If your insanity defense works, you may be sent to a psychiatric ward.
If you've been arrested for a crime, your first step is determining your defense strategy. With a good defense, you can win your case. To learn more, contact a law office like the Law Offices of Jonathan Steele.