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5 Types of Defense in Criminal Law Cases September 29, 2016

Downtown Lexington, Lexington-Fayette Central
5 Types of Defense in Criminal Law Cases, Lexington-Fayette Central, Kentucky

When you’re charged with a crime, you need to work with a defense attorney who has experience handling criminal law cases and can protect your rights. If you’re facing the court system, the quality of your defense directly influences the outcome of your case. With 95 years of collective experience and expertise in criminal law, the attorneys at Anggelis & Gordon, PLLC are dedicated to serving clients throughout Lexington, KY, and the surrounding area.

The following are standard types of defenses that can be used in criminal law cases.

Insufficient Evidence

The guilt of any accused person must be fully proven through their trial. The burden of proof ultimately falls to the prosecution, who must demonstrate the defendant’s guilt to a jury.

Affirmative Defense

In this method, the defendant and their attorney will support their case by presenting evidence, but also bear the burden of proof. In some cases, the defendant will admit to certain aspects of the alleged crime but introduce other facts to justify their actions. Self-defense, for example, is a common example. A negating defense, on the contrary, involves the defense attorney refuting specific parts of the prosecution’s case.

Alibi

criminal law casesAn alibi is a common defense method used in criminal law cases that relies on evidence to counter the claims of the prosecution. An example could include introducing a witness who can verify your location during a crime, thus invalidating the claim of the defendant being present to have committed it.

Insanity & Mental Health

In specific cases, a defendant may say they were mentally unfit or ill during the time of the crime and thus not directly responsible for their actions. Given the unique complexities of psychological health and their rarity of success, this defense is rarely introduced. Even if it is upheld, the defendant will likely be institutionalized in a mental health facility and not have actual freedom. The intellectual capacity and psychological fitness of the defendant may also be introduced to question their understanding of their actions and determine fault.

Coercion

The threat or use of unlawful force against the defendant or a person connected to the accused, like a family member or significant other, can be used to demonstrate that the crime was unwillingly committed. For this defense to succeed, context matters. When a defendant’s criminal action or negligence caused the situation where unlawful force was used against them, the case is invalid. For example, if a banker willingly engaged in fraudulent activities with coworkers in a financial services company but then felt coerced into other criminal actions, their initial consent of involvement undoes the use of this defense.

When you need to work with an attorney who understands your criminal law case and has the experience to advocate for you in the courtroom, the knowledgeable lawyers at Anggelis & Gordon, PLLC are the professionals you can rely on. To learn more about their extensive legal services for clients, call (859) 255-7761 or visit them online. You can also find the firm on Facebook.

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