The potential consequences are very high when you are facing criminal charges. Serious repercussions from a conviction might include jail time, fines, and a permanent criminal record. For this reason, in order to safeguard their rights and get the best possible result in their case, defendants need to be aware of the several criminal defense tactics available to them. In this blog, we’ll look at a few of the most famous criminal defense tactics employed by criminal lawyers in Phoenix, AZ.
Table of Contents
1. Innocence
The simplest kind of defense is to claim that the defendant did not commit the crime. This tactic entails providing proof of the defendant’s innocence. Video footage, witness accounts, and other tangible proof showing the defendant was not involved in the crime are examples of evidence.
2. Alibi
The defendant’s alibi defense argues that they were somewhere else when the crime was committed. To bolster this defense, the defendant must present documentation (such as witness accounts or documentary evidence (such as receipts or GPS data) attesting to their whereabouts during the pertinent period.
3. Constitutional Violations
Evidence that violates the Constitution may be excluded or criminal proceedings dismissed. Typical constitutional defenses include:
4. Unauthorized Search and Take
The Fourth Amendment forbids arbitrary seizures and searches. Any evidence gathered during a search by police enforcement without a warrant or reasonable suspicion may not be admitted in court.
5. Miranda Rights Violated
The Fifth Amendment protects people from being forced to testify against themselves. During a custodial interrogation, if authorities do not advise the prisoner of their Miranda rights—namely, the right to remain silent and the right to counsel—any comments they make could be deleted from evidence.
6. Self Defence
In situations where there has been severe criminality, such as murder or assault, the accused may assert self-defense. This tactic is applied when the accused acknowledges doing the crime but maintains that it is necessary to defend oneself from impending danger. The defense must demonstrate that the amount of force employed was appropriate and in line with the threat at hand.
7. Defence of Insanity
When the accused is not mentally competent to comprehend the nature of their actions or differentiate between right and wrong at the time of the crime, the insanity defense is invoked. This defense is difficult to show and necessitates a thorough mental assessment. The insanity defense is subject to differing criteria depending on the jurisdiction.
8. Coercion and Emotional Stress
The defendant may contend that they were coerced or under duress when they committed the offense, meaning that they were compelled to act against their will because they feared immediate danger. This defense can only be successful if there is an immediate threat of damage and that threat outweighs any harm that the defendant’s acts have created.
9. Entrapment
Entrapment refers to the situation in which law enforcement officers push someone who otherwise would not have committed a crime. The defense must show that the government agents initiated the crime and that the defendant lacked the motivation to commit it.
10. Error in the facts
A mistake of fact defense argues that the defendant reasonably misunderstood a point, so disproving a component of the offense. For example, the intent necessary for stealing might not be present if someone took another person’s property and thought it was their own.
11. Error in the Law
A mistake of law defense is less common and more challenging to establish because it entails the defendant arguing they were unaware that their acts were against the law. There are some exceptions to the rule that ignorance of the law is not a defense, primarily in cases where the legislation is highly complicated or poorly publicized.
12. Intoxication
In some circumstances, intoxication can be used as a defense. Two categories of intoxication defenses exist:
Intoxication on One’s Own will
Although it is rarely effective, this defense can be used to demonstrate that the defendant was too drunk to have a particular purpose needed to commit some crimes.
Unintentional Intoxication
The defendant may not be held accountable for their acts if they were coerced into taking drugs or alcohol against their will or if they were not aware that they were doing so.
Conclusion
Every criminal case is different, and the particulars and evidence at hand determine the best defense tactic. A skilled criminal lawyer is able to evaluate the situation, choose the best lines of defense, and fight hard for the accused. To safeguard one’s rights and freedom and navigate the complicated world of criminal law, one must first understand these typical defense tactics.
