How to Defend a Criminal Charge

Each criminal case is different from the other but here are some criminal defenses from which a person can get help.
For convicting a person of a criminal charge, the prosecutor has to prove the guilt of the person. There are 2 categories of defenses, the first one is “I didn’t do it” and the second is “I did it, but I shouldn’t be held responsible”.

1. I didn’t do it
The most powerful defense to any criminal charge which a person can use is proving that he/she didn’t do it.
A person is innocent Until Proven Guilty

In American legal system a person is said to be innocent until proven guilty. The judge and jury assume that an individual is innocent until proof is shown against them.

Beyond a Reasonable Doubt
The prosecutor has to show the judge or jury that there is no reasonable doubt of an offender’s guilt. If a person shows reasonable doubt, then the prosecutor fails and an offender is said innocent. Due to this, most offenders pay attention on raising some reasonable doubt to the prosecutors accuse.

A person has an Alibi
An alibi defense is a proof that the person was somewhere else and with someone else, so they are not an offender. By showing the judge or jury that a person was not present at the scene where the crime was committed, the defender is creating a reasonable doubt of his/her guilt.

2. I Did It, but Shouldn’t Be Held Responsible

Many offenders accept their wrongdoing, but they claim for one reason or another that they shouldn’t be held responsible. Given below are some examples why the person should not be held responsible even if the person admits to the crime:

It is one of the common defenses when a person is charged with causing physical violence. The offender overturns the whole story and shows that rather than being the aggressor, he/she was the victim and was trying to protect themselves.

Nearly in all legal systems, self-defense is present. In this, a person has to prove that self-defense was necessary.

Insanity Defense
This defense is rarely used by the offenders. According to the courts, insanity is “the inability to distinguish right from wrong”. If an offender is proved insane, it is more appropriate to send the person who is truly insane to psychiatric care, not to jail. If a person succeeds in an insanity defense, he/she is sent to a psychiatric institution, not set free.

Under the Influence Defense
This defense is related to the insanity defense; many offenders use this method of defense by claiming that they were under the influence of drugs and were not in a normal mental state. Defending by saying this means that a person is saying that they didn’t know what they were doing. This defense is permitted in only a few states.

Entrapment Defense
This type of defense is appropriate to use if any government official forces a person to commit a crime. The theory behind this defense is that government shouldn’t be permitted to push a person into committing a crime and then convicting the person for it.

tafoya_courtroom_webWhat is most important when you are arrested, or if you believe that you will be charged with a crime, is that you speak with a Denver criminal defense attorney before you speak with police.  Protecting your rights at the beginning can have a major influence on the outcome at the end.  Call Alaurice Tafoya today at (303)813-1100

Author’s Bio:
Attorney Steven A. Tomeo, a member of the National College of DUI Defense and the Connecticut Bar Association, is an attorney with an extraordinary staff that handles Connecticut drunk driving defense cases.