Some of the Most Used Criminal Defense Strategies

When it comes to court, no one is guilty until proven otherwise. So if you ever get accused of something, best course of action is to find a good lawyer e.g. tucson dui lawyer and plan the best possible strategy for the act you’ve been accused of. In this article I will go over a few of the most used criminal defense strategies, so if you’re curious and willing to learn something more, stick around and read until the end.

 

The first criminal defense I will talk about is ”Self Defense”.

Self defense strategy is usually carried out in case there was an assault or homicide. This strategy works in one of two ways. If it’s assault, then the defendant must not have done more harm than it was necessary to fend off the attacker, and in case it was murder, then the court has to verify that killing the attacker was the only way for the defendant to survive. So any action that was more than what was necessary will still be seen as a criminal offense, but if you’ve done minimal harm to the attacker, or if you’ve killed someone in order not to get killed yourself, you will be set free.

A criminal defense lawyer discusses strategies to win a jury trial based on self-defense

Another one is ”Defense of Mistake”.

id_checkEverybody makes mistakes, period. This is a good strategy if you really haven’t had the idea that what you were doing was wrong. This of course doesn’t apply to the fact that you were oblivious of the law, in this case, you will still get charged, but for example, if you’ve sold an alcoholic drink to a minor because he presented himself with a fake ID and you had reason to believe he was of age, you can call the defense of mistake. On the other hand, if you knew he was let’s say, sixteen, and the legal drinking age was eighteen, but you thought it was sixteen, you will still get charged. Similar to this, accidents happen as well.   If you somehow make an accident, unknowingly, like pulling a fire hydrant with your sleeve, you will probably be spared of all charges.

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Interesting Criminal Defenses

Law is an interesting thing. Like in everything else in the world, there is always room for mistakes. So if you’re accused for a certain crime, make sure you get a good lawyer and prepare best defense for the acts you’ve been charged with. Sometimes accusations turn out to be false, and things aren’t what they seem to be at first glance.

In this article I will go over a defense in which an accused calls for ”Defense of necessity”.

Defense of necessity is a defense which an accused raises when he wants to defend himself by explaining that the situation in which he was involved with was a special circumstance. Special circumstance is perceived in a way that the accused had no other choice but to break the law. In order to verify something as a special circumstance courts have a certain set of criteria.

  • First criteria which can be viewed as special circumstance is that the accused disobeyed the law in order to avert greater evil.

  • The second criteria states that if there wasn’t any other reasonable or legal course of action, the act may be viewed as a special circumstance.

  • The third option is best described through an example:

PANews BT_P-697a0c87-0f18-425a-804c-51df214727d3_I1So if a man attacks you with a knife while you’re defending yourself with a knife as well, the legal course of action would be to harm the attacker in a minimal way in order to save yourself rather than inflicting lethal injuries. Meaning, doing an unlawful act in the least possible way in order to avert the greater evil. And lastly, if an unlawful act was committed, it has to be effective, or at least highly probable in a way of averting the greater evil. This kind of defense doesn’t usually go well in the court because the court fears it will send the wrong message to the public. Because of this, some people who are actually not guilty at all and haven’t had any other choice are sentenced as guilty. For related information please contact linked over here  .

 

Despite the above mentioned, this is still a good defense strategy and may be applied to a lot of situations, so if you find yourself with no other choice, remember to break the law in the least possible way. When you face serious criminal charges in southern California, it takes a criminal defense lawyer with considerable experience to handle your case and bring it to a positive conclusion.  because he also represents the accused who are facing charges of assault and violent behavior as well as other criminal cases navigate to this web-site .

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