Criminal defenses utilized by attorneys to prevent a conviction are based on the type of crime in which the party is accused. The circumstances of these crimes are also considered when building a defense against the prosecution’s case. The following is a brief guide to these defense.
Defense of Necessity
A Criminal Defense Lawyer build a case based on necessity when the circumstances of the crime dictate that it was used to prevent a more severe criminal infraction. Furthermore, these defenses are valid when there wasn’t an alternative course of action and the crime was effective in stopping the crime or greater evil. For instance, the accused used a blunt object to prevent the victim from killing another person, which he or she was unintentionally killed in the process.
These defenses are utilized when the victim was armed. An example would be if a law enforcement officer was required to shoot a perpetrator who failed to disarm themselves. In these instances, the officer was within his or her rights in shooting the perpetrator due to the probability that he or she would have shot the officer.
Defense of Duress
With these defenses, the accused presents testimony that he or she committed a crime under duress. This could committing fraud due to threats from an employer or individual who is blackmailing or extorting the accused. It would also apply in instances where the accused was forced to kill another individual to protect their child. The key element is to prove that the crime was unavoidable due to duress or an impugning adverse condition.
Proving Self Defense
In instances where the victim died due the actions of the accused, a self defense case can be utilized if the victim attempted to inflict bodily harm that could result in the death of the accused. With this defense it is necessary to present evidence of bodily harm that could lead to the conclusion that the victim exhibited intent.
A criminal defense is produced by an attorney based on the circumstances of the crime. This includes mistaken identity as well as a wide assortment of other probabilities. An attorney can review these circumstances to determine the most effective method of proving innocence. If you need a Criminal Defense Lawyer today, contact Coates Coates & Coates P.A.