Every case is unique in its particular ways. Regardless of the differences, there is one thing that will remain the same. That is, only by having competent criminal defense lawyers will these cases would likely to succeed. Winning factors involves proper utilization of defense strategies, in which some are exemplified in the following:
Most offenses involved in many States’ Penal Codes, like California’s, include deliberate crimes intentionally done by violators. There are always substantial defenses against these kinds of charges only if your criminal lawyer can prove that the act is accidental.
Beyond a Reasonable Doubt
The standard of beyond reasonable doubt requires that the evidence should be logically convincing that no one could reasonably question a defendant’s guilt, and should have moral certainty a defendant is guilty.
This favors a defendant’s side because talented criminal lawyers will establish reasonable doubt and leave an impression to the jury that claiming the defendant committed a specific crime is not enough for a conviction.
Compelled or False Confessions
Coercing false admission from innocent suspects like juveniles with the use of various mental strategies like sleep deprivation, starvation, and physical threats is one example of police misconduct, which is explained more below. If a lawyer can unveil evidence of coercion, a case can be dismissed.
Defendant Has an Alibi
If there are proofs that a defendant happened to be elsewhere when the alleged crime took place and therefore there are no chances that he or she could commit the said offense, then the defendant can be declared not guilty.
Duress or Immediate Danger
Lawbreaking acts may not be considered as crimes if they are carried out under duress or a circumstance in which a person feels an immediate risk of harm such as violence, threats, constraints, and other actions that can trigger him or her to do act against their will.
Entrapment emerges when a law-abiding citizen perpetrates an offense due to coercion, intimidation, or often with law enforcement’s intimidating insistence that this citizen breaks the law. This legal strategy is often successfully raised by sharp lawyers like the Legal AED Criminal Lawyers as a defense in court for drug, child, prostitution, and other offenses.
Cases like child abuse, domestic violence, and sex crime violations can be falsely accused of ordinary individuals without any physical evidence easily. A capable defense lawyer can overcome this case by impugning the credibility of the accuser and procure a retraction of the accusation.
A primary source for false accusation is a false witness identification. This happens when either a witness’s presumption of someone committing the crime or another person’s identity is almost the same as a criminal perpetrator. It may also occur when someone is covering the conviction that he, she, or another person did.
Mistake of Fact
An alleged crime might be acquitted as long as it is made under a sensible and honest mistake of fact. A mistake of fact, such as taking somebody else’ property accidentally which you believed to be yours, will not make you guilty of most criminal offenses.
Embellishments of facts in police reports, improper handling of evidence, or enactment of unnecessary force like using pepper sprays or tasers on cooperative subjects are few of many police misconduct. If identified and proven, these improper acts will contribute leverage for dissolving your case and potentially undertaking civil rights claim seeking damages.
Pleas of Insanity
A willful intent is deemed necessary criminal element. Hence, you may not be found guilty in most situations if you are legally insane while doing an unlawful act. However, states like Idaho, Kansas, Montana, and Utah do not consider insanity defenses.
A law enforcement officer should hold specific articulable facts that can justify probable cause to stop, search, or arrest a citizen. Otherwise, your lawyer can raise a motion to subdue improperly acquired evidence and eventually dismiss a case.
Consulting a criminal lawyer is a smart move. Although a lot of people are intellectually gifted, still, in the court, it is almost impossible to thoroughly and competently defend yourself without the aid of a lawyer.