If you have been accused, arrested, charged with a criminal offense, you still reserve the right to fight your charges. This is best done by presenting your defense arguments to challenge whatever evidence the prosecution has against you. Whether you are facing a criminal, DUI, or traffic charge, you will want to enlist a skilled lawyer. A good Denver criminal defense attorney will review the facts of your case, apprise you of your legal options, and develop compelling legal defenses to fight the charges in your criminal case.
Here are some of the most common types of defenses used in criminal cases:
When facing criminal charges, you may raise the affirmative defense and argue that you acted in self-defense. This is one of the most common defense strategies that can help justify your actions and absolve you from any liability, particularly in assault or murder cases.
However, you must convince the court that the aim of your actions, which otherwise would be considered criminal, was to protect yourself from the aggressor. Also, you must prove that your actions were equivalent to the threat leveled against you.
If, for example, you are being accused of homicide, you must show that the attacker would have otherwise killed you, and hence you committed the criminal offense to prevent your own death.
Another common type of defense that can apply to criminal cases is alibi defense. In this defense strategy, you may argue that you were not the actual perpetrator of the crime, but someone else. It’s essential to keep in mind that sufficient and credible evidence is key to presenting a strong alibi defense.
When the circumstances that led you to commit a crime involved coercion and duress, you may be able to use that as a defense argument. This is usually a criminal defense that shows that you did not willingly commit the crime.
However, you must show that you acted out of fear or the threat of illegal force that was levelled against you or someone close to you. For coercion and duress to qualify as a defense argument, you must also show that your own actions did not lead you into the situation where duress and coercion occurred.
If you committed a criminal offense and did not have control over your actions, you may be able to use the insanity defense. This defense states that even though you committed the crime you are being accused of, you did not know that what you did was illegal. Therefore, you must support your argument by showing that you were sleepwalking, deluded, provoked, or seriously mentally disabled.
Other common types of defenses for criminal cases may include:
Regardless of your defense strategy, the burden of proof lies on you. That means you must convince the judge or jury that you are telling the absolute truth and support your arguments with all the evidence you can gather.
Doing this is not as easy as it sounds. You must have a criminal defense attorney on your corner. An experienced defense lawyer understands the risks associated with each type of defense and will help you devise a compelling defense strategy to challenge the prosecutor’s evidence.