Many people are unsure what steps to take if they get charged with a crime. Proper help from an experienced criminal defense lawyer is essential. Find below criminal defense strategies your lawyer may use for your criminal case.
1. Intoxication Plea
Your criminal defense lawyer will use the intoxication plea to argue that you committed a criminal offense while intoxicated. The intoxication may either be voluntary or involuntary. Both intoxication pleas apply when you don't foresee what could happen when under the influence of drugs. This defense strategy is ideal for general intent offenses.
2. Self Defense, Necessity, and Defense of Others
The most common criminal defense strategies are self-defense, necessity, and defense of others.
Self-defense is a strategy that defendants use when they hurt another person to protect themselves from bodily harm. To use this defense strategy, you must prove:
You were not committing a crime at the time
You believed you were in danger of physical harm
Your belief was reasonable under the circumstances
You used a reasonable amount of force under the circumstances
For this defense strategy to apply, your criminal defense attorney must prove:
There must be an immediate threat of harm to someone or something
There must be no legal alternative available other than breaking the law
There was a necessity to take action to avoid the threat
Defense of Others
You have permission to defend others just as you have permission to protect yourself under certain circumstances. This defense relies on a reasonable belief that intervention was necessary for the protection. You should also reasonably prove that the defended person would use such force themselves.
3. Police Misconduct and Arrest
Police misconduct includes any activity that is illegal or unethical. Some examples of police misconduct that your criminal defense lawyer uses include:
Unlawful search and seizure of evidence
Planting evidence on the suspect
Physical or verbal abuse while arresting a suspect
False arrest or wrongful detention
Illegal strip searches
Police brutality or excessive force when arresting a suspected criminal
Failure of the police to follow investigative procedures can result in evidence inadmissibility. Your criminal defense lawyer will then file a motion to suppress, and it may form one of the most critical aspects of your defense.
An alibi means that you were somewhere else when a crime got committed. If you have an alibi, you should provide evidence to prove it. For example, your criminal defense lawyer will use photographs, receipts, or other documents to establish your whereabouts.
You could also provide eyewitness testimony from anyone else who was with you during this time. If your alibi is solid enough, your charges will reduce or get dropped entirely.
You should hire a criminal defense lawyer who knows your state's laws. Your lawyer will access criminal defense resources and attempt to get you a good plea deal.
Contact a criminal defense lawyer near you for more information.