The World of Criminal Defense.
In criminal defense a client can be charged with numerous things ranging from a simple misdemeanor all the way up to a felony. A conviction could lead to fines, prison time, community service, and even the death penalty. The main job of a criminal defense lawyer is to get their client the lightest sentence possible or even acquitted. Accomplishing goals like these are hard but there are several types of defense a lawyer can use.
One option is 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 type of defense shows that the defendant could not have committed the murder because there’s an alibi for their time and place.
The insanity defense was made popular by a lot of movies and tv shows. The insanity defense is used occasionally in real life, though not as much as it’s depicted on tv, but it’s not as successful as you might think. The insanity defense states that the client did commit the crime, but their mental state prevents them from being able to tell right from wrong. This defense only works if the defendant was 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 finds the client to be in the right state of mind then the sentence they hand down might 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. Threat should be enough to satisfy this form of defense. These types of threats don’t have to be against the client. They could be against a friend or family member. Although, this type of defense can’t be used if the client is responsible for the events that put them in that danger.
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There are other types of criminal defense methods. Self defense states that their clients 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 elapsed so the charges must be dropped.
There’s also the defense of consent which acknowledges that you committed the crime but the victim consented to it.