When it comes to criminal defense, there are many options a client has, many ways the case can be handled. There may be more defenses available than a client was aware of and each one is important to consider when defending in a criminal case, from a misdemeanor to a felony.
Some of the possibilities include:
The Alibi Defense
This defense can be used when there is evidence that the defendant was somewhere else at the time of the crime and therefore could not possibly have committed it.
If a prosecutor cannot prove a person’s guilt beyond reasonable doubt, meaning the jurors are to resolve all reasonable doubts as to the person’s guilt in favor of the defendant, then the criminal defense attorney can successfully argue that reasonable doubt still exists and the defendant may be allowed to go free.
Presumption of Innocence
In all arrests in the United States, defendants are “innocent until proven guilty.” You’ll recognize this phrase from the Miranda Rights. This presumption must be held until the person is proven guilty, either by admission to the committing of the crime or by conviction in a court of law. The prosecutor must prove the person’s guilt beyond reasonable doubt and it is the criminal defense attorney’s job to defend against these claims.
This is the most common defense plea in cases of violent acts. Here, the defendant admits to the act and presents the defense that it was justified by another person’s threats or actions and was done in order to protect themselves from an immediate danger. The person does not have to wait until they are attacked to react in self-defense but the act cannot use more than a reasonable force to stop an attack.
This should be a last resort defense as a defendant entering an insanity plea typically is made to undergo psychological testing that can be embarrassing and detrimental. Defendants entering this plea do not typically go free upon acceptance by the court; rather the majority are committed to a psychiatric facility until their sanity can be proven.
This defense is difficult for a repeat offender of the same type of crime. It can be entered when the government coerces a person to commit a crime then attempts to punish the person for committing it. If the defendant is determined by the jury to have been predispositioned to such a crime, this plea can fail.
Under the Influence
While voluntary intoxication does not create an excuse for the committing of a crime, this defense can move the court to convict a person of a much lesser crime than originally charged due to the defendant being unable to formulate a specific intent under the influence of drugs or alcohol.
In all cases, it will take an in-depth consultation with an experienced criminal defense attorney to analyze your case, educate you on what options are available for your defense and properly represent you in the matter. When your life and future are on the line, don’t take your defense into your own hands. Joel Fry, Attorney at Law can provide the help you need to get your life back and your name clear. Call my Durango, CO office today for a consultation and learn how I can assist you.