Criminal defense attorneys must be able to balance empathy for their clients with objectivity. This often involves conducting their own investigation into the case, searching for overlooked details or inconsistencies in the prosecution’s evidence.
The prosecution has the burden of proof to demonstrate that a crime occurred. It is the job of a criminal defense attorney to poke holes in this evidence, to offer an alternative theory and, at times, to convince the prosecution to drop charges.
Apparent Consent
Especially with regard to sex crimes like rape and assault, there can be a lot of misunderstanding regarding what consent is and is not. A person can only give consent when they understand the results and consequences of their actions. This is why it is critical that a defendant clearly states their intent to commit a crime and also that they have a reasonable belief that they can carry out that criminal act voluntarily.
Consent can be either direct or apparent. Direct consent must be made expressly clear in order to be valid. However, apparent consent can be valid if another person understands your words and/or actions in a way that makes it reasonable to believe that you would accept their agreement.
For example, if Allen tackles Brett during a football game and Brett is severely injured, can he use self-defense as an affirmative defense? Affirmative defenses are different from standard criminal defenses in that they admit that you committed the charged crime but then explain why your actions were justified at the time.
Entrapment
A defense based on entrapment alleges that law enforcement officials used coercion to induce the defendant into committing a crime they otherwise would not have committed. This is a difficult defense to establish, as the burden of proof that law enforcement coerced the accused into committing the crime falls on the defendant. Defendants must present evidence of entrapment, such as witness testimony, recordings, or expert opinions, and demonstrate that they had no predisposition to commit the crime without law enforcement encouragement.
A defense attorney must understand the distinction between opportunity and entrapment. A defense strategy based on opportunity must demonstrate that the accused was predisposed to engage in criminal conduct and that law enforcement officers provided a setting or occasion for the person to act on this predisposition. However, mere opportunity does not constitute entrapment and the defense must also show that law enforcement officers engaged in unacceptable police conduct such as extended fraud, threats, harassment, or overly persistent encouragement.
Duress or Coercion
Duress and coercion are legal defenses that apply when you’re accused of committing a crime because someone else forced you to do so. This involves threats of physical, psychological, and financial harm that cause you to act against your own conscience or principles.
To prove this, your defense lawyer must show that you acted under the threat of extreme and unlawful pressure. Then, your attorney must convince the judge or jury that you acted under this pressure rather than by your own free will.
This defense is typically restricted to crimes involving a threat of immediate death or severe injury. It doesn’t usually work for murder charges, for example. It also doesn’t apply if you voluntarily put yourself in a position that could be considered coercive.
For this reason, a defense of duress or coercion isn’t always successful. It’s important to discuss your options with an experienced criminal defense lawyer. He or she will be able to evaluate your case and find the best strategy for a winning defense. Get to know more about strafverteidigung münchen from professionals.
Statute of Limitations
A criminal statute of limitations establishes a time limit on how long federal and state prosecutions can pursue charges against an accused individual. The idea behind this law is to encourage prosecutions while memories of witnesses are still fresh and evidence is readily available. Without such a restriction, memories fade and important information may be lost over time. Moreover, witnesses who have moved to another state or country could be hard-pressed to remember details. Additionally, important alibis might become unavailable.
Each state creates detailed laws specifying how a statute of limitations applies to specific crimes. The specifics of when the statute begins to run, when it ends and whether the statute should be tolled (paused) are issues that lawyers raise and judges decide on a case-by-case basis. A skilled criminal defense attorney can help you understand your state’s rules and navigate this area of law. Some very severe crimes, like murder, have no statute of limitations.