A criminal defense is a strategic argument that challenges the prosecution’s evidence. The prosecution (also known as the state for state crimes and the United States for federal crimes) has the burden of proving every element of your crime beyond a reasonable doubt. It is the duty of your attorney to poke holes in their case and make it as difficult for them as possible to meet this burden. This can be anything from demonstrating inconsistencies and gaps in evidence to offering an alternative theory of your case.
A defense lawyer can help you with a variety of legal issues, but there are several common criminal defenses. Depending on your situation, one of these may be more appropriate than another.
Self-Defense
This is a common strategy that allows you to claim that the use of force was justified in the circumstances. In order to use this defense, you must prove that you were threatened with imminent death or serious bodily injury and acted in response. This includes instances where deadly force is used. For example, a person can claim self-defense if they are defending themselves against someone who is attempting to break into their house and attack them with a deadly weapon.
Apparent Consent
This defense argues that you gave consent to commit the alleged crime, but it was not clear or explicit. The jury can be convinced that you did not understand the nature of the agreement or that you were coerced into committing the crime against your better judgment. This is commonly used by criminal defendants that are charged with sexual crimes or drug offenses.
Entrapment
The entrapment defense is a tricky and controversial one that aims to show that law enforcement officials enticed you to commit the crime. It is generally only available if you would not have committed the crime otherwise. This is commonly seen in cases involving heroin, cocaine, meth and other drugs. Movies like The Godfather, Goodfellas and The Departed focus on mafia gangsters using coercion to entangle people in their illegal schemes.
Lesser Included Offense
A lesser included offense strategy is when a criminal defense attorney tries to convince the jury that you are guilty of a less severe version of the crime that you are accused of committing. For example, robbery might involve theft but it also requires the presence of force or threat. By convincing the jury that you committed a form of theft without the additional element of violence or threat, you can be sentenced to a much lighter punishment. You should learn more strafverteidigung münchen right now!
This is a very complex strategy that requires the skill and experience of an experienced criminal defense attorney. To find out what is the best defense for your unique situation, speak to an experienced attorney like Vitaly Sigal today. He has built a career on identifying the strongest defenses for his clients and can do the same for you. Schedule a free consultation with our team now to get started.