What is Criminal Defense?
In criminal law, the body of law relatable to crime, a criminal defense is a legal strategy that argues against the claims and evidence from the prosecuting party. The defending party challenges the prosecuting evidence by invalidating it or proving it to be insufficient. A legal case of this magnitude is rarely taken on by an individual. Contact a San Diego criminal defense lawyer or attorney to get legal professionals to help defend your case.
Common Types of Criminal Defenses
There are many forms of criminal defense claims that are common among criminal defense cases. Listed below are a few, but not all, of these common claims. Your San Diego criminal defense lawyer will be able to help you assess the type of defense that is best applicable to your case.
- Insanity has the potential of negating the intent of a crime, but only if the crime itself involves an element of intent. The most common definition of criminal insanity involves the defendant’s lack of understanding about the wrongdoing of the action or their inability to conform to conduct required by the law.
- Automatism is a physical state in which the muscles act without any thought by the mind. In order to be classified for automatism, an individual must have undergone a situation that resulted in the complete loss of voluntary control.
- In some situations, intoxication can negate specific intent. It can sometimes be argued that intoxication is the denial of “mens rea,” the knowledge of the wrongdoing of the crime.
- Admitting that one made a mistake and is deemed a fact and genuine is considered a mistake of fact. However, this defense is usually used in conjunction with another form of defense.
- In some rare cases, a criminal act might be justified because it was deemed necessary in order to prevent a greater harm in the future. The harm incurred as a result of the crime must be considered lesser than the prevented harm that was foreseen.
- Self-defense is considered a reasonable action that one may take in order to protect oneself when that individual’s safety is at risk. The force of defense must be proportionate to that of the assaulting force.
- Duress is another form of defense where the defendant is forced into an unlawful act. However, duress cannot be used in major crimes like murder, attempted murder, or being an accessory to murder. The duress itself must include the perceived threat of imminent death, peril, or serious injury.
- Others include Lawful Capacity of Office, Legal Duty, and many more.
Defending Against a Legal Crime Charge
If you are charged with a criminal offense, contact a San Diego criminal defense attorney today in order to have your situation assessed. These San Diego criminal defense lawyers will be able to help you from start to finish with your legal case. If you are unprepared to face this legal situation, having professionals aid you in every step can drastically increase your chances of nullifying the charge or reducing the impact it will have on your life.