Source: The Umansky Law Firm & Injury Lawyers
Criminal law can become complex at times, but having an idea of the general types of defenses will simplify it. Each has a specific use, and many depend on the particular circumstances of a case.
Strategies like asserting innocence, claiming self-defense, pleading insanity, citing constitutional violations, and arguing under duress play a crucial role in court trials. Each requires careful evaluation and strong supporting evidence. If you or anyone you know is in need of legal aid, get in touch with criminal defense lawyer William Umansky of The Umansky Law Firm Criminal Defense & Injury Attorneys. Learn more about the various defenses below.
- Asserting Innocence
Innocence claims constitute a strong court strategy in criminal trials. Where a defendant claims innocence of a charge, the prosecution has to prove their case beyond a reasonable doubt. That entails providing witness testimony, forensics, or alibis in support of innocence claims.
As the accused, you can strengthen your case by providing counter-evidence, discrediting the accusations made against you by the prosecution. For instance, video footage could record a different individual committing a crime or an alibi at a location during an incident.
The goal is to create enough reasonable doubt in the jury’s mind about the defendant’s involvement in the crime to secure an acquittal. The standard for beyond a reasonable doubt is pretty high, meaning any doubt you inject into your case gives you a better chance of winning.
- Self-Defense
The second important defense in criminal law is self-defense. This defense applies when the accused can provide evidence to show that their actions were self-defense in response to an immediate danger.
In Florida law, a fair use of force is deemed warranted when confronted with immediate danger. However, the application of force must be commensurate with an assessment of danger.
To prove a case of self-defense, defendants must generally establish three key factors: a genuine belief that a threat existed, that such a belief was reasonable under the circumstances, and that their response was proportionate to the attack.. Videotapes and witness statements can corroborate such claims.
- The Insanity Defense
The insanity defense is a specific one in criminal law, and it concerns the defendant’s mental state when committing the crime. When using this defense, the defendant claims that a mental condition affected their ability to comprehend actions and differentiate between right and wrong.
Professional testimony is often needed to prove a claim of insanity. It can paint a picture of their mental state during the commission of the offense. Documented mental health, including treatment, can also add weight to such a claim.
- Rights Violations
Constitutional rights violations are a powerful defense in criminal law. Examples include unreasonable search and seizure, revocation of attorney rights, and abusive interrogation techniques.
To establish a case for constitutional violations, defendants must establish how their constitutional rights were violated at the arrest or investigation level. It involves checking for compliance with such standards and applicable laws when such actions are taken. Successful claims can result in case dismissal or suppression of critical evidence that can adversely affect the prosecution’s case.
- The Duress
Duress occurs when a party acts in a crime under the fear of immediate peril, coercion, or compulsion by a third party. Duress holds that the actor experienced compulsion and had no reasonable alternative but to comply.
To succeed in a duress defense, defendants must prove they were under an immediate threat of serious harm. They also must prove that their actions were necessary to escape danger. Citing supporting evidence, such as witness statements or documentation of threatened conduct, can substantiate such an argument.
Why You Should Hire a Lawyer
Understanding these defenses in detail will not ensure a successful court case. Having a seasoned attorney increases your opportunity to swim through an apprehensive set of laws. An expert attorney can thoroughly examine your case, uncover applicable defenses, and develop a strategy.
Effective legal advocacy helps you apply the right defenses and protect your rights throughout the legal process.
