3 Common Types of Defense Used in Criminal Law and Court Cases

Legalby Mashum Mollah28 May 2021

Types of Defense Used in Criminal Law and Court Cases

If you’ve been charged with a crime, a prosecutor will work hard to establish that you are guilty of the crime. However, you as the defendant are entitled to present a criminal defense of your own.

Criminal defense is a strategic argument used to challenge the legitimacy and validity of the prosecutor’s evidence. The prosecutor often referred to as the state’s attorney is the party trying to prove that you committed a crime beyond a reasonable doubt.

Whether you have hired a criminal defense lawyer from the Spodek Law Group to represent you in court or represent yourself, you must know the criminal defenses available if you want to avoid punishment.

To help ease any worries you might have, here is a breakdown of the three most common defense options to criminal charges.

criminal charges.

1. You Were Justified in Your Actions:

In Georgia Criminal Appeals, self-defense or defense of another happens to be the most commonly recognized defense option. This approach argues that you were well justified in doing whatever you did.

For instance, as the defendant, you may argue that you shot someone because they threatened you with a knife. This implies that you had no option other than to commit the crime so you can save your life.

You can also argue that you were under duress. This means that you committed the crime because you were forced to by another party. For example, you may have been forced to commit a burglary to save your life or someone else’s.

2. No Crime Actually Happened:

Another approach you can explore is arguing that although it seems there was indeed a crime committed, you did not actually commit a criminal act.

First, you may argue entrapment. Entrapment happens when the government induces a person to commit a crime and punishes them for it. It implies that no crime would have happened if not for the government’s inducement.

You can also use the defense of consent. For example, if you were accused of rape, you may argue that there was consent for the sexual intercourse to happen.

3. You Were Not in the Right State of Mind:

Another avenue you should consider is arguing that you cannot be declared guilty of a crime because you did not understand what you were doing or that your actions were wrong.

You could argue using the defenses of either intoxication or insanity.

The defense of intoxication relies on the principle that you cannot meet all the elements of the crime because you did not understand what you were doing, especially if involuntarily intoxicated.

The defense of insanity will require you to prove that you have a mental disorder that renders you incapable of differentiating right from wrong.

Reach Out to the Spodek Law Group:

As the prosecution tries to prove that you are indeed guilty, the Spodek Law Group can help create a defense strategy that will focus on how you can avoid a guilty verdict. The Spodek Law Group is well aware of the types of defenses you can use and in what situations you should use them, so reach out to them today for the best legal advice.

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Mashum Mollah

Mashum Mollah is the man behind TheDailyNotes. He loves sharing his experiences on popular sites- Mashum Mollah, Blogstellar.com etc.

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