Criminal Defense and Their Proceedings.
In the criminal defense world a client can be charged with anything from a misdemeanor to a felony. A conviction in a criminal defense trial could lead to fines, prison time, community service, and up to the death penalty. The one job of a criminal defense lawyer is to get their client acquitted or to serve the lightest sentence possible. To accomplish these goals there are several types of defenses a lawyer can use.
There’s the affirmative criminal defense. This type of defense minimizes the prosecutions options by proving that it’s simply not true. An example would be if a client is charged with murder they might use an alibi witness to prove he or she was somewhere else when the murder happened. 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 shows that the defendant couldn’t have committed the murder because they have an alibi for their time and location.
The insanity defense is something that was made popular through its use in movies and television. The insanity defense is another type of defense that was made popular through its use in movies and television. The insanity defense is used occasionally in real life, though not as much as it’s depicted on tv, but it’s not as successful as you might think. The insanity defense states that the client did commit the crime, but their mental state prevents them from being able to tell right from wrong. This defense only works if the defendant is shown to have a serious mental illness or defect at around the time the crime was committed. It is a dangerous defense because the client is openly admitting to the crime. If the jury finds the client to be in the right state of mind then the sentence they hand down might be harsher than if they had used a different defense.
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Coercion and distress is an affirmative defense lawyers might sometimes use that states their client was forced to commit a crime due to the use of unlawful force or being threatened. The force itself does not actually have to happen. Threat should be enough to satisfy this form of defense. The threat doesn’t have to be against the client. The threats could be against a 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.