A Simple Plan: Lawyers
The World of Criminal Defense.
In the world of criminal defense a client can be charged with anything from a misdemeanor to a felony. Criminal defense is serious and the outcome can range from fines to the death penalty. The main job of a criminal defense lawyer is to get their client the lightest sentence possible or even acquitted. To accomplish these goals there are several types of defenses a lawyer can use.
There’s the affirmative criminal defense. This type of defense tries to minimize the prosecutions use of evidence by showing it’s not true. An example would be if a client is charged with murder they might use an alibi witness to show he or she couldn’t have done it. This would show the defendant could not have committed the crime and gives them an alibi for the time and place the murder was committed. This type of defense shows that the defendant could not have committed the murder because there’s an alibi for their time and place.
The insanity defense was made popular by a lot of movies and tv shows. In real life it’s not used as frequently, nor is it as successful. This defense states that their client did, in fact, commit the crime, but was unaware of what they were doing or that it was wrong to begin with. This defense only works if the defendant is shown to have a serious mental illness or defect when the crime was committed. It is a dangerous defense because the client is openly admitting to the crime. If the jury feels the client is in the right state of mind then the sentence they hand down could be harsher than if they had used a different defense.
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Coercion and distress is a defense lawyers might sometimes use that states their client was forced to commit a crime due to the use of unlawful force. The force itself does not actually have to happen for someone to claim it. Threat should be enough to satisfy this form of defense. This type of threat doesn’t necessarily have to be against the client. Threats of this nature could be against a close friend or family member. Of course, this type of defense cannot be used if the client is responsible for the events that lead to the situation that caused the distress.
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There are other types of criminal defense methods. Self defense states that their client and his or her actions would be considered criminal if the act wasn’t necessary to save their life or defend themselves.
Status of limitation is a defense that states the amount of time it takes for the prosecution to charge the client with a crime has elapsed so the charges must be dropped.
The defense of consent means you committed the crime but the victim consented to it.