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Different Defenses Used By Criminal Defense Lawyers
Criminal defense lawyers are the ones who defend clients in court who has been charged with criminal activity that may range from felony to misdemeanor. The lawyer’s client has to pay hefty fine, serve years in prison, do a community service or even get a death penalty if they’re convicted. Getting their client the slightest sentence possible or acquitted is the job of the lawyer. In order to accomplish this feat, these lawyers are using several defenses like:
Affirmative criminal defense – some defense lawyers will try to minimize the evidence of prosecution by showing it isn’t true. In this defense, the lawyer along with their clientele will have to produce evidence in support of defense. As an example, if the defendant is charged with a first degree murder meaning the client has planned the murder before it happened, they can provide an alibi witness. This is someone who will testify that the defendant couldn’t have committed such crime and gives them alibi for the time when the murder was committed.
Insanity defense – in this defense, it’s made popular by TV shows and movies. It’s a kind of defense that isn’t often used or successful, which is kind of unfortunate. When criminal defense lawyer has uses this defense, it just states that their client did not commit the crime but, didn’t know what they did was wrong.
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The client needs to have serious mental illness or defect at the time when the crime was committed in order to use this defense successfully. It can be risky to depend on this defense as the client admits to the crime but if the jury doesn’t believe that the client is, then they might find the person guilty and hand down a harder sentence.
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Duress and coercion – this is actually an affirmative criminal defense lawyer used stating that their client was only forced to commit the crime because of being threatened using unlawful force. In reality, there’s no need for the force to happen because a threat is enough to satisfy this defense. This threat does not necessarily need to be against client because this can also be done on someone else like a friend, family member etc. This defense couldn’t be invoked in case that the reckless action of the client is what put them in the situation that caused duress.
General defense – again, there are some general criminal defenses that are used widely by criminal lawyers like self defense, consent as well as status of limitations.
If you are accused of something you didn’t do or perhaps have committed unlawful act, hiring an experienced lawyer should be in your best interest.