A defendant may either use the help of his/her counsel or may choose self-representation at trial. The defenses in a criminal case usually involve stating whether the defendant really committed the crime or not and if yes, why it happened. There are several types of criminal defenses. Following are some common defenses in a criminal case:
This is the type of defense used by those defendants who are charged with a violent crime. Usually, a defendant using this type of defense will admit their guilt, but at the same time he/she will try to justify his/her acts by saying that the other person involved in the incident was threatening them. Hence, if the safety of a person is taken under risk, then he/she may not feel responsible for what they are doing.
Safety defense is usually used by someone charged with a crime like violence, striking someone, murder and so on.
Self-defense is based on the idea that any individual should be allowed to protect themselves from physical harm, meaning they should not wait until someone hits them or hurts them physically to protect themselves from that harm. When a person feels the other man threatens him/her they should defend themselves.
The insanity defense
Often, people with mental disorders cannot differentiate between what is right and what is wrong. The insanity defense is used by such people to make it clear that they did not have control over their behavior and actions when committing them. The insanity defense is rooted in the idea that punishment is justified when the defendant is capable of controlling his/her actions and behavior and understanding that he/she is committing a wrongdoing.
The entrapment defense
Entrapment occurs, when an individual is induced by the government to commit a crime that he/she did not have the intention of committing. The judge should believe that the defendant was not predisposed to commit the crime, other wise the latter will be found guilty. Entrapment defenses are extremely hard for those defendants who have been involved in similar issues.
The Alibi defense
The alibi defense is the simplest type among common defenses in a criminal case. It consists of the evidence that the defendant was somewhere else when the crime was being committed. The defendant or their lawyer must prove that the defendant was in another location at the time of the crime and the defendant will be free.
Statute of limitations defense
A certain period of time is set for most of the crimes to be charged. The length usually varies depending on the state and the type of the crime committed. For example, murder has not statute of limitations. However, lighter crimes do have statute of limitations. If the statute of limitations period passes, the defendant gets free automatically.
Under the influence
People who use drugs or alcohol may argue that they have committed the crime under the influence of them. However, if the use of alcohol or drugs was voluntary, then the defendant may have hold responsibility for his/her actions.
These are several types of defenses in a criminal case. If you need legal help for your criminal case, then you should contact the Margarian Law Firm that is a California based full service law agency with aggressive customer protection. Call us at (818)-553-1000.