The American legal system is vast, covering topics ranging from copyright to family law. Criminal law is composed of legislation related to the endangerment of health, safety, and moral welfare of people and their property. It covers acts such as assault, arson, and public indecency, among others. If you’re facing criminal charges, your lawyer will likely want to create a defense to fight them. These are some common defense arguments used in criminal law.

3 Criminal Law Defenses

1. Cast Enough Doubt

Every person tried for a criminal offense is presumed innocent until proven guilty. In order to demonstrate guilt, the prosecution must prove their case beyond a reasonable doubt. This is essential to emphasize — your criminal defense attorney doesn’t have to necessarily prove you did not commit the crime. If they can cast enough uncertainty, you may be able to maintain your innocence.

2. Rely on an Alibi

One of the strongest arguments for someone’s innocence is to prove they were not at the scene of the crime at the time it was committed. An alibi is useful in this respect. If a bank was robbed at 10 a.m. and you have a classroom full of people who agree you were sitting in a lecture hall at this time, you’re off the hook.

3. Claim Insanity

An insanity defense is based on the idea that punishment is only appropriate for a criminal act if the person who committed it was capable of controlling their actions at that time. Insanity is complicated to prove, however, since there is a risk of people faking it. Thus, it’s a rarely used argument. In some cases, alcohol- or drug-related intoxication can also be used as a means of claiming an inability to control actions.

Are you facing criminal charges in the Ruidoso, NM, area? Gary C. Mitchell, PC will help. Attorney Mitchell has been helping clients throughout New Mexico since 1977 and has handled thousands of criminal law cases. Learn more about the law firm and his team’s experience online. To discuss your case directly, contact the attorneys by calling (575) 257-3070.