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Facing criminal charges can be one of the most stressful experiences in life. Understanding your defenses can make a significant difference in your case’s outcome. Our criminal defense lawyers in Denver at the Law Offices of Steven J. Pisani are here to explain the most common defenses you can use to overcome criminal charges.
When you’re facing criminal charges, knowing your legal options is crucial. Each defense has unique legal criteria and applications. Some of the most common include:
An alibi defense asserts that the defendant was not present at the crime scene when the alleged crime occurred. It’s one of the most straightforward defenses since it directly challenges the prosecution’s claim.
Establishing an alibi requires credible evidence showing that you were elsewhere during the crime. This could include witness testimony, time-stamped photos, or other proof of your whereabouts. Our Denver criminal attorneys can help gather and present this evidence effectively.
If proven, an alibi can completely exonerate a defendant. By demonstrating that you weren’t present, you can create reasonable doubt in the minds of jurors, potentially leading to an acquittal.
Self-defense justifies using force to protect oneself from imminent harm. It’s a common defense in cases involving assault or other violent crimes.
To claim self-defense, you must prove that you reasonably believed you were in immediate danger and that the force used was necessary to prevent that harm. However, this defense has limitations; excessive force or initiating the confrontation can negate it.
Self-defense isn’t always a foolproof excuse. The force used must be proportional to the threat perceived. The self-defense claim may fail if the prosecution proves you used excessive force.
The insanity defense is based on the defendant’s inability to understand the nature of their actions due to severe mental illness. This defense acknowledges the crime occurred but argues that the defendant was not mentally responsible.
To successfully claim insanity, you must meet specific legal criteria, such as proving you couldn’t distinguish right from wrong when committing the crime. This often involves psychiatric evaluations and expert testimony.
Mental illness can significantly affect criminal responsibility. Our Denver criminal attorneys can guide you through the complexities of this defense, ensuring every aspect is thoroughly examined.
Entrapment occurs when law enforcement persuades an individual to engage in a criminal act that they would not have otherwise committed. This defense argues that the criminal act resulted from law enforcement’s improper conduct.
To prove entrapment, you must show that law enforcement officers suggested committing the crime and that you were persuaded or coerced into doing so. This can be challenging, but it is not impossible with experienced legal support.
The key to an entrapment defense is demonstrating that you had no previous intent to commit the crime. This requires detailed evidence and strategic presentation, which our Denver, Colorado, criminal defense lawyers can provide.
Duress occurs when someone commits a crime because they were coerced by someone else, usually under threat of immediate harm or death. Duress can apply in cases where the defendant was forced to commit a criminal act to avoid serious harm.
This defense acknowledges the crime but argues it was committed under extreme pressure. Proving duress involves demonstrating that the threats were immediate and severe and that there was no reasonable opportunity to escape the situation. Our experienced Denver assault lawyers can help build a compelling case.
A mistake of fact defense argues that the defendant genuinely misunderstood a fact that negates criminal intent. This defense doesn’t deny the action but challenges the intent behind it.
For example, picking up someone else’s bag and thinking it’s yours can be a mistake of fact. If the mistake is reasonable and honest, it can serve as a valid defense. To use this defense, you must prove that the mistake was genuine and reasonable. Our Denver criminal attorneys can help gather evidence to support this claim.
Lack of intent argues that the defendant didn’t intend to commit the crime. Many crimes require proof of intent, so this defense can be very effective. For instance, accidentally taking someone else’s property without realizing it can demonstrate a lack of intent. If intent can’t be proven, the charges may be reduced or dismissed.
Our Denver assault attorneys can help challenge the prosecution’s evidence of intent, creating reasonable doubt about your culpability.
Constitutional violations involve breaches of your rights, such as illegal searches, seizures, or Miranda rights violations. These can significantly impact the admissibility of evidence.
Examples include evidence obtained without a warrant or confessions made without being informed of your rights. These violations can lead to evidence being suppressed or charges being dismissed. If your rights were violated, our Denver, Colorado criminal defense lawyers could file motions to suppress illegally obtained evidence, weakening the prosecution’s case.
The consent defense argues that the alleged victim consented to the actions now being prosecuted as a crime. Consent can be a defense in cases like sexual assault, where the defendant claims the encounter was consensual. Clear evidence of consent can negate criminal liability.
Proving consent involves showing that the alleged victim agreed to the actions voluntarily and without coercion. Our Denver criminal attorneys can help gather and present this evidence effectively.
If you’re facing criminal charges in Colorado, contact our experienced Denver criminal attorneys at the Law Offices of Steven J. Pisani for a consultation. We can help you build a strong defense tailored to your specific situation.
