Criminal defense attorneys are beneficial when preserving the law since they defend their client’s right to a fair trial. This means that they create their defense based on the principles provided by the doctrine of the presumption of innocence, and their main aim is to undermine the prosecution’s evidence. The strategies that criminal lawyers use include contesting the proofs and evidence collected by the police and the trial and raising legal defenses such as affirmatives like alibi and defensive mechanisms like defense of self-defense. These strategies are then developed in terms of the case context, the evidence available, and the client’s situation.
The following are some of the usual defense strategies that criminal lawyers employ.
Alibi Defense
An alibi defense strategy is easily one of a court case’s most straightforward and conventional tactics. ” It holds that the defendant could not have committed the crime since they were elsewhere during the incident. As evidence of an alibi, the attorney uses witnesses, receipts marked with the time they were given, or videos with the defendant. It is more practical in situations where there is physical proof or the availability of other people who can testify the alibi. However, such a message has to be backed by many facts, as the mere preposterous claim can easily be dismissed.
Insanity Defense
Mental illness is the defense that is used in a case where the defendant is charged with having committed a criminal activity when he had a mental health condition that would not enable him to appreciate the vices of the act. Marietta criminal defense attorney mainly uses this defense, which warrants the calling of experts such as psychologists or psychiatrists. The insanity defense can sometimes be rather complicated. This is primarily so since one has to convince the court that the defendant had a mental illness when the crime was committed. If successful, in this defense, the defendant is confined to a mental health facility rather than imprisoned.
Mistake of Fact
The mistake of fact defense states that the defendant made an error regarding a fact or was unaware of the truth; therefore, there is no criminal intent. For instance, if a perpetrator took another person’s property by mistake but genuinely believed that the property belonged to him/her, the criminal lawyer can use this to explain that the defendant did not intend to steal. This defense cannot be raised for all crimes, especially the strict liability offenses that do not consider the offender’s intent. However, where the crimes committed demand some intent, a mistake of fact is a reasonable defense.
Final Thoughts
Legal defenses of criminal law cases are unique and specific, and defense attorneys utilize systems that will serve their client’s needs most efficiently. Every defense must be accorded its due role in protecting the defendant’s rights, starting with an alibi and ending with the assertion of the right to self-defense or an insanity defense. When there is no solid proof or if the evidence is considered shady, defense advocates thus dispute the admission of the same to the prejudice of the prosecution. This shows that nobody is deprived of their right to a fair trial, and the balance in the criminal justice system is maintained.
