Examining Different Types of DefensesDecember 31, 2015
When you are faced with a criminal charge, there are many different ways that your defense attorney might choose to approach your case. The right defense will depend on the specifics of your case, but you can get an idea of the fundamental types of defenses seen in the courtroom by reading through this article.
Any time someone is accused of a crime, the court must assume that the individual is innocent until proven guilty. That places the burden of proof on the prosecution rather than the defendant, which means that it must be proven beyond reasonable doubt that you have committed a crime. Therefore, the primary goal of your defense may be to instill doubt in the jury of the prosecutor’s accusations. This may be achieved through an alibi, character witnesses, and a number of other strategies that can establish doubt of your guilt.
Admitting to a Crime with Extenuating Circumstances
Sometimes a criminal defense will me more complex than stating “I didn’t do it.” In certain situations, you may have committed a crime, but you should not be held responsible due to unavoidable circumstances. Types of defenses that would fall into this category include the entrapment defense, insanity defense, and self-defense. Self-defense is among the most common defense for crimes involving physical violence, in which the victim may have been threatening the defendant with physical harm or trespassing on his or her property. The insanity defense is highly popularized in film and television, but it is actually not commonly used, since it is very difficult to prove.
If you have been accused of a misdemeanor or felony in Tucson, call Janet Altschuler, Attorney at Law to discuss the appropriate defense for your case. You can reach our law office at (520) 247-1789 to schedule a free, confidential consultation to discuss your charges.