Criminal Defense Law – Types of Criminal Defenses
If you have unfortunately been accused in a criminal crime, you need to come up with a solid defense that projects your innocence. It takes a lawyer with a lot of experience and thorough knowledge of the law to make a defense that will convince the judge and the jury of your innocence. A weak defense can send an innocent person to prison while a strong defense can get a defendant acquitted.
Broadly speaking, there are two types of defenses. First, you plead not-guilty of the crime. Second, you accept your charge, but explain a valid reason that justifies your action.
Defenses for pleading not-guilty:
Alibi: The one thing that can get you acquitted is alibi. Alibi refers to a witness or proof that proves beyond doubt that you were not present at the crime scene when the crime took place.
Conflicting evidence: According to the criminal defense law of Chicago, an accused must be proved guilty beyond a reasonable doubt in order to be convicted in the case. The catchwords here are “beyond a reasonable doubt’. If your lawyer comes up with an argument that creates doubt about your involvement in the crime, you might be acquitted because of “lack of convincing evidence”.
The right to remain silent: The criminal defense law of Chicago gives criminals the benefit of doubt. The law states that any accused is innocent until proven guilty beyond doubt. So, your lawyer might simply ask you to remain silent and do nothing. If the prosecutor cannot prove that you are guilty, you are presumed innocent and acquitted.
Defenses for pleading guilty:
Self defense: According to law, every person has the right to protect himself/herself when faced with a life threatening situation. So, if your lawyer can prove that you committed crime in self defense, you are let off with nothing more than a rap on the knuckles.
Under influence: Criminals who perform crimes with full awareness and consciousness are awarded maximum punishment. If you did a crime under the influence of narcotics or alcohol, you might receive a lighter sentence.
Insanity: Insanity is the condition in which you are not in your senses and cannot control your mind or behavior. In such cases, since you did not commit the crime with full consciousness and with criminal intent, the sentence might be reduced. However, this is a very complex and tricky defense because a psychiatrist examines the accused and decides the authenticity of the claim.
Entrapment: Entrapment is the situation in which you commit the crime under the influence of some other person. It could involve force, blackmail or some other illegal action.
The lawyers at the Law Office Of Robert Kerr LLC will provide the strongest criminal defense possible.
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