A person who is accused of or charged with a crime is known as a defendant, and they are assumed to be innocent until proven guilty. Criminal defenses can justify or excuse criminal behavior, reducing charges and preventing convictions. Below are listed some of the most common criminal defenses.
Self-defense: In cases where the defendant wasn’t the aggressor, the law allows for justification by self-defense. Here, a person can explain their criminal actions by proving that they believed they were in imminent danger of death or bodily harm. Self-defense can be difficult to prove, especially where witnesses offer conflicting testimony. If successfully proven, self-defense absolves the defendant of any criminal wrongdoing.
Necessity and duress: Most states have duress and necessity defenses that apply to crimes committed under the threat of bodily injury or death. For instance, if someone is forced to rob a bank by being held at gunpoint, that person could use duress as a defense. Necessity can be used as a defense in certain cases; these defenses are uncommon, but if proven successfully, they are complete.
Insanity: Mental deficiency isn’t usually used as a criminal defense, but if a defendant suffers from a mental illness at the time a crime is committed, pleading insanity may keep them out of prison. The insanity defense theory states that a mentally ill person should not be punished because they cannot form the intent necessary to commit a crime. Insanity is difficult to prove, requiring substantial assistance from an Attorney in Junction City, KS.
Entrapment: Laws prohibit the authorities from persuading or inducing someone to commit a crime where no previous intent existed. If a defendant can prove entrapment, they cannot be convicted, even if they are guilty of the offense. The entrapment defense is problematic because it is contingent upon the defendant’s testimony versus that of police officers.
Mistakes: Ignorance of a law does not provide justification for criminal behavior; everyone is responsible for knowing and following laws. However, a mistake of fact can provide a defense.
There are many defenses that the Oleen Law Firm can use to help their clients avoid conviction, some of which are not listed here. By hiring a criminal defense Attorney in Junction City, KS, a defendant can learn about these defenses, and learn which may apply to their case.
