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Common Defenses For Criminal Defense Attorneys
Generally speaking, a criminal defense lawyer specializes in defending individuals or companies charged with criminal activity.
These defenses include Constitutional protections for criminal defense attorneys, defenses for property and other people, defenses for age and insanity, and more.
Common defenses to criminal charges
Getting arrested and charged with a crime is never fun. Fortunately, there are some common defenses that can help to keep you out of jail and minimize the consequences of your actions. These defenses involve the collection of evidence by law enforcement, as well as challenges to the prosecutor’s case.
The most common defenses are:
Involuntary intoxication – If a person has been under the influence of alcohol or drugs, the law does not automatically assume that they have committed a crime. However, this is a weak defense.
1. Constitutional protections for criminal defense attorneys
During a criminal prosecution, attorneys Criminal defense in Athens GA must protect their client’s constitutional rights. They do this by holding the government to a higher standard of proof and by challenging illegally obtained evidence.
The right to a fair trial is a basic tenet of the United States Constitution. Defendants have the right to a fair and speedy trial, the right to hire a lawyer, and the right to confront and cross-examine witnesses.
Another constitutional protection is the right to confront and subpoena a witness. It is not always possible to hire an attorney, but defendants can still use this right.
2. Insanity defense in tv courtroom dramas
Often seen in TV courtroom dramas, an insanity defense is a legal theory claiming a person was not in the correct state of mind when he or she committed a crime. The defense is sometimes used as a last resort and is usually only successful in a very small number of cases.
The defense involves a psychological evaluation by a doctor or a psychologist. The defendant will then be sent to a care facility until he or she is restored to a state of mental competence.
3. Abandonment and withdrawal
Among the many defenses available, abandonment and withdrawal in criminal defense are one of them. It is an affirmative defense that states that the defendant decided to withdraw from the criminal activity. However, before the defendant can use the defense, it is essential that the police are notified.
The defense of abandonment is applicable to non-element offenses. It is one of the defenses that a criminal defense lawyer can use to mitigate the charges against his client. It is also a defense that can be used to defend against a rape charge.
4. Involuntary intoxication
Defendants may raise the defense of involuntary intoxication when committing a criminal offense. The intoxicated person’s faculties are impaired and he is unable to distinguish right from wrong with respect to the actions that he commits. In many cases, this defense is used when the defendant’s actions were the result of an illegal substance, such as alcohol or drugs.
In some cases, the intoxicated defendant may raise the defense of voluntary intoxication, in which case he may be able to show that he was able to commit the crime while under the influence of a substance. However, voluntary intoxication is often more difficult to use as a defense because juries are less likely to accept it.
5. Age Defense
Several factors determine the effectiveness of the mistake of age defense in criminal law. In general, a mistake of age defense has limited scope. However, it can be effective in certain cases. It is a good defense to use in a statutory rape case.
Statutory rape is a sexual crime that occurs when a person under the age of 18 engages in sex with a person who is older. Often, this is because the perpetrator didn’t intend to go after a younger victim. In these cases, evidence of prior sexual behavior can be used to argue against bias and false allegations.
6. Defense-of-others defense
Using force to defend another is legal in most states. If the defendant is a civilian, such as a volunteer firefighter, first responder or civilian who is not in an official position, the “lawful capacity of office” defense may apply.
The “Castle Doctrine” provides an exception to the rule that you can’t defend your home or property with deadly force. However, it is not uncommon to see police officers using excessive force to make arrests.
The best defense for this ilk is to have the proper legal documentation to support your claim. In other words, you aren’t going to get away with a DUI if you can’t show that you had a valid defense of property.
7. Defense-of-property defense
Defending property is a legal justification in which the person who is defending his property uses force against another person in order to protect it from harm. It is also known as an affirmative defense in civil tort law.
A person has the right to defend property if he or she believes that another person is about to attack the property. Unlike self-defense, defending property is not always clear-cut.
The person who is defending his or her property must use reasonable force. This means that the person using force must not cause serious bodily injury or death. The person must also make a reasonable request to the offender to cease using the force.
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