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 .