3 Common Defenses To Criminal Charges

If you are being convicted of a criminal charge, then you should definitely hire the services of a good criminal defense attorney. In addition to being able to negotiate and help you throughout the generalities of the court process, a criminal defense attorney will act as your advocate in the court room, and should help provide you with a rock solid defense against the prosecution. Here are just a few of the most common defenses that are used in a criminal court.

Entrapment

If a government agent has convinced you to commit a crime that you normally would have never committed, this is illegal, and is considered entrapment. This is usually levied against law enforcement officers. Entrapment can be quite difficult to prove in a court of law, even by a seasoned criminal defense attorney. This is due to the fact that law officers can give you plenty of opportunities to commit a crime that does not actually constitute entrapment.

Under the Influence

Although voluntary intoxication by drugs or alcohol does not usually absolve someone from a crime, there are some cases where you can argue this case. For example, if a crime requires what some states term a "specific intent," then your attorney can assert that you were far too intoxicated to know that you were acting in accordance with that specific intent. Often times, this defense leads only to a partial acquittal. For example, if you were being charged with attacking someone with a lead pipe and you were under the influence, your attorney could argue that you didn't have specific intent to kill an individual, but you can still be charged with assault with a deadly weapon, which is a crime that does not require a specific intent.

Reasonable Doubt

Your attorney can appeal to the jury before they deliberate. In every criminal case, the jury can only make a guilty verdict decision if the evidence is levied against you is "beyond a reasonable doubt." This means if there is any inkling of the belief that you did not commit the crime, then the jury must declare you not guilty. This means there is a high burden of proof placed upon the prosecution. Your attorney can make the claim that the evidence and witness accounts were far from sufficient when it comes to proving guilt beyond a reasonable doubt and therefore, the jury must find you, as the defendant, not guilty.