Different Types of Defense The defenses raised in a criminal case are divided into two categories: you have not committed the crime, or you were engaged in the crime, but you should not be held responsible. Defenses based on a claim of innocence The most potent defense when you did not commit the crime is the establishment of a strong alibi. With a justification, you have eyewitness testimony or documentary evidence, such as a hotel, restaurant or other receipts, which places you in another place at the time of the commission of the crime. Even if you do not have documentary or direct testimonial evidence absolving you, you can propose circumstantial evidence in your argument. Circumstantial evidence demands a jury to make a reasonable deduction from all evidence that it could not have committed the crime. The courts also accept testimonies about their character, but this type of evidence is highly subjective. Defenses Based on an Acknowledgment that You Committed the Law Even though you admit that you committed the law prohibited by law, you may have the right to absolution based on certain defenses: Justification - This defense admits the act, but maintains that you were legally justified in taking action. Typical arguments include self-defense and the other party defense, defending your home or property from intruders. With self-defense claims, courts will ask if they responded to the threat with reasonable force. Excuse: these defenses usually reflect a lack of legal capacity, that is, you did not understand what you were doing was illegal! Such sort of defense fall under the category that includes sanity, age, mental incompetence, involuntary intoxication, coercion or any other case of declined capacity. Procedural defenses You can also ask the court to acquit you if law enforcement agents or prosecutors have violated your rights during the criminal process. Examples include entrapment, double default, inappropriate prosecutorial behaviour, jury tampering, selective prosecution (racial discrimination) and violation of any of your constitutional protections. Finding the Right criminal defence lawyer Even though defense attorneys can defend most of the clients, there are some situations in which hiring a lawyer who specializes in a particular area of the law is better. It is particularly true in the areas of law, where some rules and procedures may differ from other areas of the law, such as trafficking in minors or civil matters. It is essential to keep in mind that the cost of retaining criminal defense lawyers can be costly. For defendants who cannot afford to hire their lawyer, each state will assign public defenders to the defendant. The use of a public defender is undoubtedly less expensive; however, it is not without risks.
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