16 Dec Four Different Types of Criminal Defenses
If you decide to go to trial rather than take a plea deal, the next step is choosing how to defend yourself. There are several routes you can take, from proving a lack of evidence to declaring a violation of constitutional rights. Your lawyer will help you decide on the best type of defense and build a strong case that proves your innocence.
Four Ways to Defend a Criminal Case
1: Innocence
This type of criminal defense is used when the defendant denies that they committed the crime. A defense attorney will work to prove the defendant was not at the crime scene, that there is no evidence to support the prosecution’s allegations, or that this is a case of mistaken identity.
- Alibi—The defendant provides indisputable evidence they were somewhere else when the crime was committed.
- Lack of Evidence—The prosecution does not have sufficient evidence to convict the defendant.
- Mistaken Identity—The defendant upholds that a witness misidentified them, and that they did not commit the crime.
2: Violation of Constitutional Rights
A constitutional violation can happen at any point between investigation, arrest, and trial. When constitutional rights have been violated it can be used by the defense to have evidence removed, verdicts overturned, or sentences reduced.
- Denial of Miranda Rights—If you are not properly informed of your rights at the time of your arrest, this is called a Miranda violation. It may be grounds for dismissing your case.
- Lack of Probable Cause or Valid Warrant—Law enforcement officers are not supposed to make arrests at will. They need to have probable cause or a valid warrant, otherwise your constitutional right to freedom would be violated.
3: Affirmative Defense
In an affirmative defense, a lawyer will claim that even if the defendant committed a crime, they are not responsible for its outcome. This could be because of self-defense, impaired mental ability, illness, or several other reasons.
- Self-Defense/Necessity—The defense will argue that the crime was committed because the defendant was trying to protect themself or another person from serious harm.
- Mental Impairment—Mental impairment could be a cognitive disability or a mental illness that spurs the person to commit a crime.
- Statute of Limitations—A conviction is not possible because too much time has elapsed since the incident, and it is no longer legal to press charges.
- Entrapment—This is when a defendant claims that law enforcement pressured or forced them to commit a crime.
4: No Crime
When using this type of defense, the defendant claims there was no commission of crime. There are two ways to do this:
- Abandonment of the Crime—The defendant admits to planning to commit a crime, however, they changed their mind and abandoned the plan before any crime was committed.
- Consent—Most often used in sexual abuse cases, this is when a defendant claims that the alleged victim willingly consented to the sexual acts.
Certified Criminal Defense Lawyer in Arizona
Building a strong defense is a lengthy and complicated process. Any missteps can jeopardize your chances of a favorable outcome. If you want to prove your innocence, your best course of action is to hire a certified criminal attorney with a proven track record. Todd Coolidge has been defending criminal cases for over 25 years, and his team has helped countless people retain their rights and their freedom. If you are facing criminal charges, contact us today for a consultation.
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