5 Main Categories of Criminal Defenses

5 Main Categories of Criminal Defenses

September 21, 2022 Off By Glespynorson

Remember that just because you have been charged with a crime doesn’t guarantee you will be found guilty of it.

You have the constitutional right to prepare a strong defense, and the prosecution must establish its case against you beyond a possible suspicion. Criminal Defense Lawyer in Miami uses 5 basic defenses to raise enough uncertainty in the court’s minds.

1. Affirmative Defense

In an affirmative defense, the defendant and legal counsel offer proof that refutes the prosecution’s accusations. Positive defenses include an explanation or reason, such as self-defense.

A strategy for an affirmative defense does not always target every component of the prosecution’s case but aims to disprove the most important ones.

Although innocence constitutes a passive defense strategy because it puts the burden of proof on the prosecution, an affirmative defense may actively assist in defending the innocent.

2. Defense-of-Property

The defense of property is utilized in cases where the defendant used force or aggression to prevent harm or destruction to property, including real estate or tangible objects. A further drawback of this defense is that it can never be employed to defend property with lethal force.

3. Involuntary Intoxication

A lack of intent defense is involuntary intoxication. This defense would eliminate the intent component of most crimes if the defendant were drunk to the point where they were unaware of what they were doing.

Is being too high or intoxicated a valid excuse for not committing a crime? The reply is maybe. If the drunk individual did not choose to be drunk, for example, if their drink was “spiked” or if they ate something at a party they were unaware was “laced” with drugs or narcotics.

4. Abandonment / Withdrawal

This defense may be used when a defendant initially intended to commit a crime or engage in one but changed their mind and withdrew from the activity. For the majority of crimes, a defendant can prove that they successfully abandoned or withdrew from a crime by demonstrating that they stopped taking part in it.

5. Necessity

This defense is appropriate when a crime is committed to stop more serious harm from happening. For instance, the accused stole a car to transport a gunshot victim to the hospital or food to feed his starving family.

6. Consent

Consent is a powerful affirmative defense because it shows that the person who was the alleged victim of the crime voluntarily agreed to the defendant’s actions.

When someone expressly states that they agree to either take part in the illegal activity themselves or let the defendant do so, this is known as direct consent.

Direct consent must be expressed verbally or in writing to be considered valid. It is considerably more difficult to establish apparent consent than direct consent.

It’s important to remember that only a skilled criminal defense lawyer can advise you on which tactic to use. They will then advocate on your behalf in court to sow enough doubt in the judge’s or the jury’s minds to help you receive an acquittal.