Criminal Defense and Their Proceedings.
In the world of criminal defense a client can be charged with anything from a misdemeanor to a felony. A conviction in a criminal defense trial could lead to fines, prison time, community service, and up to the death penalty. The one job of a criminal defense lawyer is to get their client acquitted or to serve the lightest sentence possible. To accomplish goals like theses there are several types of criminal defenses a layer can use.
There’s the affirmative criminal defense. This type of defense tries to minimize the prosecutions use of evidence by showing it’s not true. An example would be if a client is charged with murder they might use an alibi witness to prove he or she was somewhere else when the murder happened. This would show the defendant could not have committed the crime and gives them an alibi for the time and place the murder was committed. This shows that the defendant couldn’t have committed the murder because they have an alibi for their time and location.
The insanity defense was made popular by a lot of movies and tv shows. The insanity defense isn’t used as often in real life because it’s usually not that successful. This defense states that their client did, in fact, commit the crime, but was unaware of what they were doing or that it was wrong to begin with. This defense only works if the defendant is shown to have a serious mental illness or defect when the crime was committed. The defense is risky because the client is admitting to the crime in front of the jury. If the jury feels the client is in the right state of mind then the sentence they hand down could be harsher than if they had used a different defense.
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Coercion and distress is an affirmative defense lawyers might sometimes use that states their client was forced to commit a crime due to the use of unlawful force or being threatened. The force itself does not actually have to happen, just a threat. The threat from this defense should be enough to satisfy the jury. These types of threats don’t have to be against the client. They could be against a friend or family member. Of course, this type of defense cannot be used if the client is responsible for the events that lead to the situation that caused the distress.
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There are other types of criminal defense methods. Self defense states that their client and his or her actions would be considered criminal if the act wasn’t necessary to save or defend themselves.
Status of limitation is a defense that states the amount of time it takes for the prosecution to charge the client has passed so the charges must be dropped.
The defense of consent means you committed the crime but the victim consented to it.