Staying out of trouble is an easy task, but in the event, you get in one, there are many criminal lawyers in Jacksonville Florida to help you. Being the defendant in a case, you and your lawyer need to work out a defense, to prove your innocence in a crime you’re charged off. Knowing what arguments to use is helpful in any case, and here are some different types of criminal defenses.
Generally, most lawyers want to strike down whatever proof the prosecution has against you. A good strategy for you and your lawyer is admitting to the truth and credibility of the evidence your opponents will show, and this is called affirmative defenses. In affirmative defenses, you and your lawyer work together to produce evidence in support of the case.
The type of defense you choose depends on what crime you’re being accused of, as well as the pieces of evidence you can present. If you think you have much evidence which can support your testimony and prove your innocence, affirmative defenses are a good strategy. Self-defense is an excellent affirmative defense, and you can show that your action, although criminal, was done to defend yourself.
Believe it or not, several accused plead insanity to escape liability. The defense of insanity is becoming popular, but not all attempt to use this defense is successful. Under the plea of insanity, you and your lawyer work to prove that you were not aware that the act you committed was wrong due to some insanity.
To successfully plea insanity, you need to prove that you had some mental condition at the time of the commission of the crime. You need to present the prosecution with clear and convincing evidence that your mental state prevented you from realizing that your actions were wrong. You need to be cautious when pleading insanity because you’re technically admitting your guilt.
Another great defense is showing the prosecution that you were coerced or forced to commit the crime. It can be because you were threatened by some unlawful force, which would push you to commit the crime. The threat of force doesn’t necessarily have to be done on you, and it’s sufficient even if it’s done against another person such as your family member.
You need to be mindful that you can’t successfully use the defense of coercion, especially when the act was invoked by your reckless action. In sum, coercion is only possible if you didn’t have any fault and contribution to the crime.
Abandonment or Renunciation of the Crime
Abandonment or renunciation means that you were about to commit a crime, or at least take part in it, but decided you didn’t want any participation. Albeit like an affirmative defense, you need to prove that there was actual abandonment. To successfully used this defense, you also need to show that before withdrawing from the crime, you didn’t contribute in any way.
Abandonment may be hard to prove since it requires evidence showing that there was a complete renunciation of your intent to commit the crime. A successful plea of abandonment can help you mitigate or even escape criminal liability, which is why you need to provide the prosecution with good evidence.
There are several other defenses which you may raise to prove your innocence or at least mitigate any liability.
- Intoxication – you need to prove that you were under the influence of alcohol at the time of the commission of the crime, and your mental facilities were impaired as such.
- The statute of Limitations – Under this concept, your lawyer works to prove that the prosecution lost its opportunity to prosecute the case because time has elapsed.
To have a successful outcome in any prosecution, you need to be aware of the types of defenses available. Criminal defense attorney Jacksonville FL can help you find the right defense for your situation. As much as possible, you want an argument that you can work with your story, and that evidence won’t be hard to corroborate. Criminal lawyers Jacksonville FL can help you win your case.