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In a criminal trial, a prosecutor must prove the defendant’s guilt beyond all reasonable doubt. Criminal lawyers, on the other hand, only need to create uncertainty in the minds of a jury, usually by offering alternate explanations for evidence or questioning the trustworthiness of witnesses. If you’ve been accused of a crime, below are some of the strategies your attorney may use.

4 Common Criminal Defenses

1. A Mistake of Fact

In some circumstances, you may be able to argue that the criminal act of which you’re accused was based on a misunderstanding. For instance, if you’re charged with stealing a bicycle, your attorney may stipulate that you did take it, but only because you honestly thought it was yours.

2. Your Actions Were Justified

criminal lawyerThe criminal justice system understands that people may sometimes have to use force to protect themselves from the malicious actions of others. This defense is often used in cases involving battery or homicide in which the defendant acted in self-defense.

3. You Withdrew From the Crime in Advance

In cases involving multiple defendants, others may be charged even if they were not involved with the actual commission of the crime. Withdrawal or abandonment is an affirmative defense, so your attorney must show that you successfully withdrew from the endeavor before the crime was committed.

4. Mistaken Identity

Eyewitness testimony is notoriously unreliable, although it usually receives special emphasis in criminal courts. If your arrest is based on the faulty memory of eyewitnesses, your lawyer will strive to prove that the police and prosecutors have charged the wrong person.


 

If you’ve been charged with a crime Cabarrus County, NC, the criminal lawyers at Ferguson, Hayes, Hawkins & DeMay, PLLC are ready to protect your rights. They know how frightening this situation can be and are committed to the principle that every client matters. Visit their website for more on their criminal defense services, and call (704) 788-3211 to schedule a consultation with an experienced attorney. Text LAWYER to (910) 830-0939 for special promo information.

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