court room

Types Of Criminal Defenses

If you have been accused of a crime, you will most likely have to appear in court. In this situation, you as the accused is a defendant. As the defendant now, you and your lawyer will mount some criminal defense which to prevent a guilty verdict being given.

Criminal defenses that defense attorneys use

Affirmative criminal defenseCriminal Defenses

In most cases, the defense lawyers always want to strike down the prosecution evidence by showing that it is false. However, in some instances, the defendant’s lawyers can accept that some of the evidence that is brought about by the prosecution is true. This is the defense type that is referred to as the affirmative defense.This particular type of defense requires that the defendant and his or her attorney produce evidence that supports their defense. If for instance you have been accused of committing first-degree murder. Which is popularly referred to as committing murder that was preplanned, if you use this type of defense you will be required to produce an alibi witness.

The insanity defense

This one is the type that has been made popular by movies and tv shows. It is not mostly applied in many instances, and it is often not successful. This defense bases its argument on the principle that you committed a crime, but you did not know that what you were doing was wrong. To make sure that you use this form of defense successfully, you should prove beyond doubt that at the time of committing the crime, one had a severe mental defect or disease. You and your attorney should bring evidence that should prove beyond doubt that the unstable mental capability caused you to commit the crime.

Using this type of defense is perilous as you will admit that you committed the crime and in the case that the jury does not buy your insanity claim you are most likely going to lose the case.

Coercion and duress

This is the type of criminal defense that says that you were forced to commit the crime under duress. The unlawful force does not need to occur since the use of the illegal force is proof enough that you were coerced into committing the crime.

Abandonment and withdrawal

criminalThis is another type of defense that defendants can use to defend themselves. It is sometimes referred to as renunciation. Its argument is that you were planning to take part in committing that crime, but you withdrew. But you have to show evidence that will prove this. To make sure that you win by use of this method your actions should not have contributed in any way to the commission of this crime.