What is criminal defense?
If you are accused of a crime you need a criminal defense attorney to research, defend, and negate elements in a crime that the prosecution is attempting to use as evidence to convict you. The lawyer becomes your advocate and works with you to get the best potential outcome in the criminal case.
At Webster & Garino, we provide you with access to a criminal defense attorney in Indiana. We’ll examine the facts concerning your case and suggest a strategy for challenging criminal allegations. A variety of legal concepts exist in criminal law that can preserve your liberty and reputation.
These are six conventional approaches to defending people from criminal prosecution.
- Affirmative Defense
- Coercion and Duress
- Abandonment and Withdrawal
- Self-Defense
- Defense-of-Others
- Violations of Constitutional Rights
1. Affirmative Defense
With an affirmative defense, the defendant and attorney present evidence that undermines a prosecutor’s claims. An alibi defense or justification such as self-defense represents examples of affirmative defenses.
An affirmative defense strategy does not necessarily attack every element of a prosecutor’s case but strives to prove the falseness of the most crucial aspects. Although innocence in itself forms a passive defense strategy on its own because it challenges prosecutors to prove their case, an affirmative defense might play an active role in defending an innocent person.
2. Coercion and Duress
If the circumstances that led someone to take criminal action involved coercion and duress, a criminal defense attorney in Indiana might argue that the person was forced to break the law. The threat of unlawful force against the defendant or someone close to the defendant, like a family member, might show that the defendant acted out of fear and did not want to participate in criminal conduct. This defense requires that a person did not willingly enter the situation where the coercion and duress occurred. In these cases, the defense argues that the person lacked intent to commit a crime.
3. Abandonment and Withdrawal
In some cases, a person intends to commit a crime but then decides to abandon and withdraw
from the criminal act, although accomplices might still go forward with it. Evidence must be
produced to show that the defendant abandoned the criminal action before actually
contributing to the crime.
4. Self-Defense
Serious crimes like assault, battery, and murder sometimes involve a person who felt that violence was necessary for self-preservation. The self-defense strategy does not deny that the violence took place but asks the criminal justice system to excuse it. For this defense strategy to succeed, a defendant must show that the force was reasonable and proportionate to the threat of harm or death.
5. Defense-of-Others
Similar to self-defense, the criminal justice system might excuse violent actions motivated by the need to protect other people. A defendant must show the circumstances justified the response and that it prevented potential harm or death.
6. Violations of Constitutional Rights
The U.S. Constitution and Indiana state constitutions install certain rights meant to protect people from unreasonable intrusions by the government. People facing charges based on improper confessions or illegal searches and seizures might opt for this defense strategy. A court might have to dismiss a case if evidence arose from Constitutional violations. In these cases, actions taken by law enforcement may determine the outcome.
A criminal defenses attorney in Indiana might identify an effective defense strategy after you’ve been charged with a crime. Quality legal representation ensures that your rights are protected at every stage of the case. Contact us at Webster & Garino for a case evaluation today.
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