When facing criminal charges, you will need a criminal defense attorney to represent you in the court of law. An experienced criminal lawyer will create a defense strategy based on the facts of the case, evidence, witnesses, etc., Your lawyer will use the best strategy to get you acquitted of the charges.
In the US criminal justice system, the prosecution is required to prove the guilt of the defendant beyond a reasonable doubt. This implies that the evidence and other details provided by the prosecution must be sufficient to prove that the defendant is responsible for the crime and must be convicted. In other words, the burden of proof lies with the prosecution. The defendant’s lawyer is required to raise doubt in the minds of the jury and the judge regarding the theory of the prosecution.
There are Different Types of Defense Strategies Used by a Criminal Lawyer:
- Alibi: This is a defense strategy where the defense lawyer tries to prove that the defendant was not present at the scene of the crime when it was committed. The lawyer may support this defense with the help of witnesses or other evidence.
- Duress: Duress is a defense strategy wherein the defendant’s lawyer tries to establish that the defendant committed the crime because of the belief that they were at immediate risk of harm. Hence, their actions should not be considered a crime.
- Accident: A criminal defense lawyer may try to prove that the criminal activity was committed accidentally and was not intended.
- Falsely Accused: The criminal lawyer may try to prove the innocence of the defendant if there is a lack of evidence for proving the guilt. The lawyer will claim that his client has been falsely accused of the crime.
- Lack of Intent: In any criminal case, the prosecution is required to prove the intent of the suspect in committing the crime. A defense lawyer can raise questions regarding the intention behind committing the crime. If he can create doubts in the mind of the jury regarding the intent, he can prove the innocence of his client.
- Self-defense: A suspect cannot be convicted of a crime if it can be proved that the criminal activity was conducted as an act of self-defense or to protect someone else from harm. The criminal lawyer can prove that the criminal activity was an act of self-defense.
- Mistaken Identity: This is used as a defense strategy when the lawyer tries to prove incorrect witness identification. An instance of mistaken identity may occur if the witness is trying to protect himself or someone else from the crime and identifies the suspect as the criminal. It may also happen if the witness assumes the crime was committed by the accused due to circumstances surrounding the crime.
These are some common criminal defense strategies used. Besides these, there are different ways in which a criminal lawyer can defend his client. Consult the criminal lawyers at Ward K Johnson Law Firm for the best defense strategies.