Our criminal justice system is based on the principle that you shouldn’t be punished without evidence of wrongdoing (innocent until proven guilty). As a defendant, you have the right to a fair trial, and the burden is on the government. It’s the prosecution’s job to prove that you committed the crime beyond a reasonable doubt. You have the right to defend yourself with an attorney (you also have the right to counsel). In this post, you will learn the basics of building a defense and why you need an attorney. By the end, you’ll have understood the different types of defense strategies and how you can use them to fight for the best outcome of your trial.
What Is a Defense Strategy?
Defense is the procedure to protect someone accused of a crime, i.e., the defendant. “It’s all about protecting their rights, telling their side of the story, and giving them a fair shot in court,” says criminal defense attorney Jeffrey Lichtman of The Law Offices of Jeffrey Lichtman. So, if you’ve been accused of a crime, you have a right to build a defense to challenge the prosecution’s case and protect your freedom. With a good defense, you can reduce or have your charges dropped.
But How?
Below are several types of defense strategies:
Denial of the Crime (Innocent Defense)
You may argue that you didn’t commit the crime. This defense strategy is to show the court that there is no evidence to prove you’re guilty or provide an alternative explanation for the crime. Here are the key points to consider:
- Alibi: If the crime happened at 9 PM, you could use an alibi to show you were at a restaurant having dinner with your friend at the same time. It is evidence to prove you weren’t there when the crime happened.
- No evidence: You can also argue that the prosecution doesn’t have enough evidence to meet the burden of proof, which is beyond a reasonable doubt in criminal cases.
Justification Defense
You may also admit to committing the crime but argue your actions were justified given the circumstances. A good example is self-defense, where you have to act to protect yourself. There’s also a defense of others and necessity.
Excuse Defense
Sometimes, defendants can admit to the crime but argue they shouldn’t be held accountable because of certain factors. They are:
- Insanity: This can be used as a defense strategy when the defendant didn’t know the consequences of their actions because of their mental illness.
- Intoxication: When the defendant couldn’t control their actions because they were involuntarily intoxicated.
- Duress: When the defendant was forced to commit the crime under the threat of serious harm.
Procedural Defenses
Procedural defense takes a different approach. Instead of arguing whether you committed the crime or not, you challenge the fairness and legality of the investigation and trial process. If law enforcement makes a mistake during the arrest or any other stage, evidence can be thrown out, charges can be dismissed, or the whole case can be invalidated.
Admission With Mitigating Factors
This defense strategy involves the defendant admitting to committing the crime but arguing that there are special factors that reduce their liability or justify a lighter sentence. In short, you’re admitting guilt but explaining the circumstances of the whole thing, asking for lighter sentences and a better understanding from the court or jury.
Which Defense to Choose
Now that you know the types of criminal defense strategies, how do you choose the right one? The wrong one can weaken your defense, and the right one can get you reduced charges, lighter sentences, or even a full acquittal.
First, work with an experienced criminal defense lawyer. Most importantly, be honest with your lawyer, even if it makes you look bad. Your lawyer will review the prosecution’s evidence and your own statement before recommending the best defense strategy. Select an approach that best suits your specific case.
