A criminal defense is a lawyer’s effort to undermine the prosecutor’s case against a client. Criminal defense lawyers use a variety of tactics to try to make the prosecution’s case as weak as possible, including poking holes in the evidence and arguing that someone else committed the crime. A good criminal defense attorney should be honest with clients about their chances of winning in a trial and what the consequences would be if they were convicted of the crime.
Not Guilty
The most basic and fundamental criminal defense is simply claiming innocence. If you can prove that you did not commit the crime, then the burden of proof shifts to the prosecution and they must produce sufficient evidence to convict you. It is not always possible to argue innocence, especially if the police have hard evidence such as video footage that clearly shows you at the scene of the crime.
Self-Defense
The right to defend yourself is a fundamental right guaranteed by the Constitution. This is why most states have laws that allow defendants to be represented by attorneys. However, a judge must determine that a defendant is competent to represent themselves before they will allow them to do so. For example, if a person has only a grade school education and no prior legal experience, they will not qualify to self-represent themselves.
Defending yourself can be very complicated and requires a lawyer with the skill, knowledge, and resources to defend your rights in court. A lawyer can help you develop a strong defense by analyzing the charges, examining the evidence and witness testimony, and assessing whether the prosecutor has met their burden of proof. A lawyer can also advise you on what to do if you are arrested and give you advice about what to say and do during the investigation. Professionals can offer you more advice on strafverteidigung münchen.
Apparent Consent
One of the most common criminal defenses is that you were a victim of provocation, intoxication or mental illness and did not lose control over your actions. This is a defense that can be successful in many different situations, from assault to possession of drugs or stolen property.
A lawyer can also assist you in defending yourself if the prosecution’s argument is that you used deadly force in self-defense. Most jurisdictions have adopted the “stand your ground” doctrine, which allows you to use deadly force if you believe that it is necessary in order to protect yourself from imminent death or serious injury. Several jurisdictions, including the District of Columbia and Oregon, have retained the common law duty to retreat, which allows a defendant to use deadly force only when it is necessary to retreat and the retreat does not unreasonably increase the danger of death or serious injury. This doctrine is not widely adopted in other states. It is important to talk to a criminal defense lawyer to learn more about the self-defense laws in your jurisdiction.