Different Types of Defense Your Criminal Attorney Can Use to Win Your Case

In case you find yourself embroiled in a criminal case as the defendant, it’s important to seek the help of a criminal attorney immediately. The assistance of a lawyer may mean the difference between regaining or losing your freedom.

From liability in car accidents and personal injuries to arson, theft, homicide and murder, among many others, having to appear in court as a defendant is never going to be easy and comfortable. It does not help that it requires an attorney to determine the most appropriate defense for each type of offense.

Here are some of the most common defenses that your criminal attorney can employ to help get you off the hook.

Insanity

One of the more commonly used defenses, as popularized by TV shows and movies, is the insanity defense. What this purports is that the alleged perpetrator had no conscious knowledge of the acts that he committed at the time of the crime.

This defense, however, is not something that should be taken lightly. This can only be effective if you can prove that you have a mental condition that will account for your inability to exercise proper discernment over your actions. Also, this defense is double-edged in the sense that while your mental disease could technically make you not liable for what you did, you are still essentially admitting that you did commit the crime–just that you weren’t in the proper frame of mind for it. Your lawyer will know how to appropriately wield this defense to your favor.

Self-Defense

This also technically requires your admission of the crime, but with the qualification that you only did it to protect or defend your own life. Under the Arizona laws, there are only certain situations wherein the act of self-defense is considered justified and acceptable, such as in the presence of threat or force that requires reasonable, proportional, and immediately necessary action.

Affirmative Defense

This is probably the most direct type of defense commonly used in criminal cases. An affirmative criminal defense denies the commission of the crime outright. Here, the defense produces a witness supporting the claim that they were in another place at the time of the crime, making it impossible for the alleged criminal to take part in it. This witness must be able to offer a sound testimony that will be convincing enough to remove doubt as to the participation of the defendant in the crime.

Finding the right lawyer can help you walk away from your case and get your life back. Experienced lawyers from firms like Your Arizona Lawyer are crucial to winning your criminal case.

Sources:

What to Look for in a Private Criminal Defense Attorney. NOLO.
Types of Criminal Defenses. Attorneys.

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