Criminal defense, in its simplest terms, refers to any kind of group of legal cases that seek to protect the rights of defendants facing various criminal charges. The idea is to show that the person is not guilty of the crime, either because they didn’t commit it or because they were justified in committing it. Some criminal defenses are absolute and must be asserted in every case. Others are only available in certain situations; that’s why so many people turn to Stroleny Law .PA. for help. However, prosecutors are generally allowed to introduce any evidence they believe to be relevant. They also have the power to exclude certain kinds of defenses, known as “doubting the prosecution’s case. There are four types of criminal defenses. These are:
Self-Defense
This is a common defense, but it only applies in the case of non-deadly force. It is defined as an act done to prevent harm or death. The person using the force must have a valid reason for believing that this danger exists; they cannot be acting in retaliation or out of rage. Also, they must also not be responding with excessive force; they cannot kill someone who was merely knocking on their door. When asked why they resorted to this course of action, the defendant has to be able to explain their actions without blaming someone else for putting them in that position. The category of self-defense also includes the defense of others. This is when a third person requires protection from an attack, and the defendant is the only one who can provide it.
Innocence
This is the only defense that you do not have to admit guilt. It only applies if the prosecution cannot prove guilt beyond a reasonable doubt. This means that there must be enough physical evidence and eyewitnesses to support their case. If there is reasonable doubt, then the court has no choice but to set you free. If they cannot prove guilt beyond a reasonable doubt, then it’s your constitutional right not to be punished for a crime you did not commit. Your criminal attorney can help you develop this defense. They might try to prove your innocence by introducing evidence that was not shared with the jury or by getting other witnesses to take the stand who can support your story.
Insanity
In many cases, the defendant will admit to committing the crime. But they may attempt to plead insanity as a defense. This is a complete defense and can only be used in the case of murder if insanity has been diagnosed by a mental health professional. This diagnosis must have been made before the incident. The accused must also not be determined capable of understanding why their actions are wrong. If they are found guilty but insane, they will not be placed behind bars; they will instead be sent to a mental institution where they can receive treatment until they’re of no further danger to society. However, as simple as it might sound, insanity is a very difficult defense to prove. Your criminal attorney must prove that the person was not sane at the time of the crime. This can be tough to do if your attorney doesn’t already know your medical history. Knowing your medical history is the only way to prove insanity. But remember, no court will ever admit someone is insane unless they are first diagnosed by a professional psychologist or psychiatrist.
Constitutional Violations
If your case is violating the Constitution, this may be used as a defense. For example, if you are being tried for a crime that you did not commit, it would be unconstitutional. This is true regardless of whether or not the prosecution can prove guilt beyond a reasonable doubt. If this defense is used in your case, the court must dismiss it within two weeks. The reasons are simple: you have the right to face your accuser and to have an attorney present when questioned. These rights extend to every citizen – even those charged with serious crimes such as murder or kidnapping. Some of the most common Constitutional violations include: Not obtaining a warrant, getting a coerced confession and, violating your Miranda rights.
The problem with criminal defense trials is that they often require attorneys who are not only good at proving your innocence but also good at digging out reasonable doubt from the prosecution’s case. Even if the prosecutor’s case looks strong, you can still have a chance for acquittal. Too many innocent people are being convicted because defense attorneys fail to do their jobs properly.
