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The News God > Blog > Law > Outwitting the Law – Strategies of a Criminal Defense Attorney
Law

Outwitting the Law – Strategies of a Criminal Defense Attorney

Rose Tillerson Bankson
Last updated: March 15, 2023 4:10 pm
Rose Tillerson Bankson - Editor
March 14, 2023
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When facing criminal charges, it’s essential that your lawyer be knowledgeable of the law and has experience taking cases all the way through trial.

Defense attorneys collaborate closely with the defendant to craft a strategy for their case. This strategy is based on both evidence and the defendant’s version of events.

Criminal Lawyer Richmond Hill is an experienced defense attorney who can provide clients with the best possible outcome for their case. Through extensive research and trial preparation, he has a proven track record of success in the court of law. He is committed to providing a vigorous defense and ensuring that his clients receive the justice they deserve.

Innocence

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When facing criminal charges, defendants often rely on their own version of events to gain sympathy and explain why certain things occurred as they did. This version of events can be used as leverage when trying to prove innocence in the case.

Defense lawyers must thoroughly review a defendant’s account to identify which elements are helpful in resolving the case. This includes explaining why they were out of town on the date of the crime, demonstrating that raw facts don’t support their claim that they were involved, and garnering sympathy from either judge or jury.

Defense attorneys may opt to bring a civil rights complaint against police conduct. This could involve asserting that law enforcement officials violated someone’s constitutional rights by coercing them into confessing, intimidating witnesses or improperly handling evidence.

Self-Defense

When someone is accused of assault, battery or murder, they may have the option to claim self-defense. To do this, they must demonstrate that they used reasonable force when protecting themselves from an attack.

In general, to qualify as self-defense, one must be the victim of an unprovoked attack that poses a legitimate risk of serious injury or death. Furthermore, this threat must also be considered objectively reasonable.

However, exceptions do exist. Examples include the duty to retreat doctrine and stand-your-ground laws in certain jurisdictions.

In order to avoid being convicted of assault, the defendant must not have been able to escape or run away. This principle, known as the principle of avoidance, may differ between states.

Misconduct by Law Enforcement

Police officers have the responsibility to safeguard their community, yet they also possess the power to act unlawfully. This type of misconduct by law enforcement officers is known as misconduct and includes various illegal acts that infringe upon citizens’ civil rights.

Police brutality, dishonesty, fraudulence, coercion to obtain confessions, abuse of authority and sexual assault are all examples of law enforcement misconduct.

If you have been injured, killed, or physically harm by an officer who has committed police misconduct, it is critical to reach out for assistance from a knowledgeable criminal defense attorney. They can investigate the incident and file either a complaint or lawsuit regarding what occurred.

Punishment

Punishment is the act of inflicting pain or loss upon someone for breaking a law or command (including prohibitions). This can take many forms, such as capital punishment, flogging, forced labour and body mutilation.

Punishment’s primary goal is to deter others from criminal behavior. Utilitarians typically argue that we should only punish people when it can actually reduce crime rates.

This principle is founded on the idea that crime reduces people’s happiness, so we should strive to minimize how much unhappiness it causes. Therefore, punishment must promote crime reduction or else it cannot be justified.

The retributive principle is an influential aspect of punishment theory, asserting that those who transgress should only receive what is due them. This concept plays a significant role in deciding what types of penalties are used and when.

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