If you are charged with a criminal offense, you will have to appear in court. In this situation, you will be referred to as the “defendant”. You need to prove that you are innocent and protect your rights as a human being.
Feldman & Lee PS explains that your trusted criminal defense lawyer in Marysville will assist you throughout the judicial process and strategize to prevent a guilty verdict. Together, you will work on a tactic that will challenge the sufficiency and validity of the prosecution’s evidence or the party trying to prove your crime.
Here are common criminal defense arguments used in court:
Affirmative Criminal Defense
Criminal defenses often aim to show that the prosecution’s evidence is false to strike it down. However, there are cases when the defense team accepts this evidence as true. This is called an affirmative defense and it requires that the defendant, along with his or her attorney, provide proof in support of their argument.
Coercion and Duress
This type of affirmative defense applies to those who were forced to commit a crime using unlawful means. This unlawful force need not actually occur; the mere threat of it is enough to satisfy a coercion defense.
Made popular by movies and television shows, the insanity defense is often not successful nor used frequently. It’s when a defendant admits having committed the alleged crime but was not in his or her right mind during the act.
To be successful in this defense, you must have a defect or severe mental illness during the time of the crime. You and your lawyer need to present clear and substantial evidence that you weren’t in the right mental state and that you didn’t understand that your actions were unlawful.
Any individual has the right to dispute the charges filed against him or her. Your defense strategy and the evidence you have at your disposal will determine the outcome of your case.