Just because someone is arrested and charged with a crime doesn’t mean they’re guilty, even if all of the evidence seems to point that way. Hire a Federal defense firm, they will help you in tackling the situation.
Innocent
Those who are charged with a crime they did not commit may defend against the charges by proving they could not have done the crime. This could, for instance, mean showing the arrested person had an alibi for the time the crime was committed.
Self-Defense
In assault and battery or related cases, defendants can use self-defense as a way to avoid a guilty verdict. They must show that they did not cause the fight to begin, but that they were simply defending themselves against an attack.
Defense of Others
Similar to self-defense, the defendant can claim they injured another person in the defense of a loved one. If a loved one is attacked, the defendant may be able to stop the attack, though it could lead to injuries for the attacker.
Defense of Property
It is also possible to fend off an attack in defense of property. If someone is trying to break into a home, for instance, some states allow the homeowner or occupant to defend the home.
Mistake of Law or Fact
This is a claim that the defendant misunderstood something and did not intend to break the law. For instance, if they’re charged with stealing something, their defense might be that they thought the person was giving or loaning the item to them.
Coercion
If someone is forced to commit a crime due to threats of bodily injury or death if they don’t comply, it could be considered coercion. Since the person did not intend to break the law and was forced to, they may be able to avoid a guilty verdict.
Necessity
If someone commits a crime because they have no other choice, it may fall under necessity and they may be able to avoid being found guilty in court. This includes stealing to feed their children or related crimes.
Statute of Limitations
Defendants may be able to claim that the statute of limitations has run out. If this is true, it is too late to charge them with the case and the case may be dismissed.
Insanity
Rarely done, insanity is a defense in which the defendant claims they were not fit to make decisions at the time of the incident. Defendants may be considered temporarily insane if they committed a crime of passion, for instance.
Involuntary Intoxication
If someone is drugged without their knowledge and commits a crime, they may be able to claim they were involuntarily intoxicated. This means they would not have committed the crime if they were not drugged without their knowledge.
Illegal Entry
If officers illegally entered a home to do a search, the case may be thrown out because there was no reason for the officers to enter the home. This could be considered an illegal entry, so evidence gained from the entry cannot be used.
Improper Confession
If a confession is coerced or if it is done before the defendant is aware of their rights, it could be considered an improper confession. When this is the case, the confession can’t be used in court against the defendant.
Illegal Search
Similar to illegal entry, officers cannot conduct a search without permission or probable cause. If they do a search of a person or vehicle anyways, it’s possible the evidence from the search can be suppressed.
Lack of Evidence
When there isn’t enough evidence, whether it doesn’t exist or it has been suppressed, it’s possible for the charges against the defendant to be dismissed. This is done because the potential for a guilty verdict is much lower.
Withdrawal
Defendants may be able to defend against some charges by showing they did intend to commit the crime but decided against it. This is often a possibility where there were plans to commit a crime, but the defendant decided not to go along.
Have you been charged with a crime? Let a lawyer review your case to see if any of these defenses could help you avoid a guilty verdict.
