How Criminal Defense Lawyers Defend Their Clients
There are different kinds of defenses that criminal defense lawyers are using in court to protect their clients who’ve been charged with criminal activity. Say that convicted, their client may pay a fine, serve certain years in prison, do community service or receive death penalty. Then, it is the job of these criminal defense lawyers to do whatever they can to have their client acquitted or receive a light sentence. What these legal representatives do is study and applies different types of defenses to make it happen.
Number 1. Affirmative criminal defense – there are a number of criminal defense lawyers who make an effort to minimize the evidences provided by prosecution by showing that it is not true. In this kind of defense, the attorney together with their client will produce evidence that supports the defense. For instance, if the defendant is accused and charged with first degree of murder or meaning, the client has planned the murder, then they might opt to send an alibi witness. This is someone who will be testifying that the defendant couldn’t commit the crime and give them alibi for the time in which the murder was made.
Number 2. Insanity defense – you will usually see this type of defense used in TV shows as well as movies. The sad thing is, it’s a kind of defense that’s not usually used or end up successfully. If the criminal defense attorney is using this defense, then it means that the client will admit to the crime committed but will defend that they don’t know what they are doing.
In order to effectively use this defense, the client has to have serious mental illness or defect at the time when the crime was committed. It may be risky to depend on this kind of defense as the client admits to the crime but if the jury doesn’t believe him or her insanity, then they can find the client guilty and receive a more serious sentence.
Number 3. Duress and coercion – in reality, this is more of an affirmative criminal defense attorney saying that the client was only forced to make the crime for they were threatened with unlawful force. The force doesn’t necessarily need to happen as a simple threat is enough to be considered as an act of defense.
This threat couldn’t be invoked if the client’s reckless action has what put them in the situation that caused duress.
Aside from the aforementioned defenses, we have general criminal defenses as well similar to self defense, status of limitations and consent. It is best that you talk to your criminal defense attorney in order to know what’s the ideal defense to use in the case.