CRIMINAL DEFENSE

CRIMINAL DEFENSE

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CRIMINAL DEFENSE

 

You will have to appear in court if you have been accused of a crime, and that is most probably a common knowledge that is held by all. Defendant is the one who is the accused of a certain crime or offense and in this situation the accused person is termed as the defendant. If you are the defendant, you and your criminal attorney to prevent a guilty verdict, will have to establish some sort of criminal defense. A strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence is known as a criminal defense. The party which is trying to prove the criminal charges against you is known as the prosecution.

Affirmative Criminal Defense

 

Some criminal defenses attempt to strike down the prosecution’s evidence by showing that it is false. However, there are a number of types of defenses that accept some of the prosecution’s evidence as true. These defenses are often referred to as affirmative defenses.

 

Affirmative defenses require that the defendant, along with his or her criminal attorney, produce evidence in support of the defense.

 

The type of defense that you and your attorney choose to pursue will depend, in part, on the crime you are accused of committing, as well as the evidence available to you. The types of defenses that are usually followed are as follows:

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The Insanity Defense

 

The insanity defense is not actually used frequently nor is it often successful. In this kind of defense it is stated that you committed the alleged crime but did not know that what you did was wrong due to your mental illness. You must have had a severe mental disease or defect, to successfully use the insanity defense at the time the crime was committed.

 

Coercion and Duress

 

An affirmative criminal defense is what Coercion and duress is all about which basically says you were forced to commit a crime because you were under some kind of threat which was used with unlawful force. It is not necessary for the unlawful force to physically and actually occur. The threat of illegal force simply should be enough to gratify the coercion defense.

Abandonment and Withdrawal

 

Another type of criminal defense that is available to defendants is abandonment and withdrawal. Renunciation is another name that is referred to suck kind of defense. This defense basically states that though you were going to be an accomplice to a crime, or commit a crime but then decided to abandon any involvement in that crime on your own accord. In this kind of defense, you and your attorney must show substantiation to prove abandonment occurred, because this is technically an affirmative defense.

 

In addition, for the abandonment and withdrawal defense to be effective, your actions prior to withdrawing from the crime must not have in any way contributed to the crime, or you must have notified the police in advance of the crime.

 

Other Criminal Defenses are also there such as: Self-defense, consented to by the victim, Intoxication, Statute of limitations, etc.

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