Many individuals facing criminal charges are not aware of how the criminal lawyer would go about the legal process. Often, the lawyer will choose on of the various criminal defense types to increase the chances of acquittal. As many Massachusetts criminal lawyers will tell you, there are a number of paths to take in terms of criminal defense.
We’ve put together a rundown of some of the most prominent defense types.
Affirmative Criminal Defense
Affirmative defenses seek to accept that some of the prosecution’s evidence is true and at the same time, providing evidence in support of the defense. This is one of the most common ways Massachusetts criminal lawyers will go about building a case.
An example of this would be first-degree murder, in which the defense provides an alibi witness that can testify that you have not committed the crime. This type of defense would then put that alibi in the place of the defense.
This is a criminal defense type often played out in movies and TV shows, but it isn’t all that common or successful in the real world. It basically sees the defense admitting that the accused did commit the crime, but due to insanity, the person didn’t know it was wrong.
However, for the insanity defense to be reliable, the defense will need to prove that the client does have a severe mental disease.
This is a risky defense method because you are admitting guilt and unless the jury accepts your insanity plea, you will be found guilty.
Coercion and Duress
If the defendant was pressured into committing a crime because of the threat to themselves or a family member, the defense will often plead coercion and duress. When the accused can prove that he or she was threatened, it is often a good enough case for acquittal.
This means that a person commits a certain crime as a result of violence, threat or pressure from someone else. It was based on the theory that a person committed a crime because he was faced with a threat so great, he was left with no choice.
The coercion and duress cannot be as a result of the defendant’s actions and attempting to plead this wouldn’t be accepted by a jury.
Abandonment and Withdrawal
The final major criminal defense type is referred to as renunciation. This happens when the defendant admits that he or she was part of a plan to carry out a crime. However, says that he or she has abandoned those plans.
The defense will then need to find evidence to prove that the defendant was going to take part in the crime but he or she withdrew.This type of defense strategy is often used by accused accomplices to a crime.
Thus, a defense lawyer will have the best idea of the correct defense type to choose and the direction to follow. However, there is more to criminal defense than meets the eye.