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What Strategies Are Employed in Creating a Criminal Defense?

Malamut & Associates - Criminal Case StrategyWhen you are accused of a crime, even when you are innocent, you may have to appear in court to defend your good name.

Whether you were involved in the crime or not, you will have to establish a criminal defense against a guilty verdict. This type of defense is a strategically planned argument that challenges the evidence presented by the prosecution to disprove the charges.

Affirmative Criminal Defense

One of the most common strategies is to show the evidence presented by the prosecutor is false. In this strategy, the defense will present evidence and witnesses to support their case.

For example, if you are accused of first-degree murder but have an alibi, you will have to prove that alibi. This is done by using witnesses or physical evidence of your presence elsewhere, such as video footage or even bank account statements if you made a purchase. In this strategy, the alibi is your defense.

Insanity

Pleading insanity has become a common trope, but it is difficult to prove and use successfully in real courts. To use this defense, you must have a severe mental illness or defect and it must be proven that was the case at the time of the crime. There must be clear evidence that you not only have a severe mental illness but that the illness in question led you to believe your actions were not wrong.

This type of defense is risky. By admitting you committed the crime, there is a high likelihood you will be found guilty if the defense is rejected.

Duress

In this strategy, you admit you committed the crime, but prove you did so under the threat of unlawful force. This threat does not have to have occurred, nor does it have to be directed at the person themselves. It could also be a threat to family members or other individuals. For instance, if you were told not committing the crime would lead to your family being murdered, you have a case for coercion or duress.

Withdrawal

If you were going to commit a crime or be an accomplice but then decided against following through, this is referred to as renunciation. This defense must have evidence that the person decided not to commit the crime. However, it is important to also prove none of your actions leading to withdrawing from the crime contributed to its execution.

Other defenses against criminal charges include self-defense, consent, intoxication and the statute of limitations. If you are accused of a criminal act, call our team of attorneys at Malamut & Associates today at (856)424-1808.

We have years of successful litigation experience against criminal charges and will put that to work creating your defense narrative. Our team looks at all the facts and evidence of your case to craft a unique strategy to best represent you.