What are the Four Most Important Justification Criminal Defenses?

When you’re facing criminal charges, the criminal defense attorneys at Giribaldi & Manaras, P.C. recommend you waste no time in reaching out to a criminal defense lawyer who can help you fight for your rights and get your charges either reduced or dismissed. To achieve this, your lawyer may use one of the four most important justification criminal defenses. Read on to find out more about what they are and how one of them might work in your favor. After all, a criminal charge can have a profound impact on your life, and you have a right to present the most vigorous defense possible.

Innocence

When the state cannot prove the elements of your case in any way, you are declared innocent. This means that this was a mistaken identity or a situation in which your actions did not meet the elements of the crime. The burden of proof is on the state, but you must still look carefully at the crime you’ve been charged with and review each step the state must prove.

Constitutional Defense

In this case, you state that law enforcement personnel violated your rights while investigating the case. If the court agrees with your assertion, any evidence gathered in violation of your rights may be suppressed. By having this evidence withdrawn, the state may find it impossible to continue pursuing the case against you. Another constitutional defense may be that the statute of limitations has been violated.

Justification Defense

According to criminal law, a justification defense excuses your behavior for a legal reason. This may include that you were acting in self-defense, that your actions were intended to serve as a defense of others, or that you had no option but to act as you did out of necessity.

You may use a justification defense if you suspect someone near you is about to be attacked. If you claim you acted out of necessity, you need to show that the harm you prevented by committing this crime was worse than the crime you committed. You and your attorney must carefully build the evidence to explain the reasons behind your actions.

Lack of Culpability

As you have likely seen in plenty of movies and series, the defendant may argue they’re not responsible for the crime because of their state of mind. This may mean that they acted as they did by reason of insanity, due to an involuntary intoxication, because of duress, or due to a lack of intent.

The law has established exceptions for cases in which individuals may not be responsible for their own actions. This may happen when someone is unable to understand what they’re doing because of insanity. Or maybe they misunderstood the situation or had a lack of intent to commit these actions. Your criminal defense attorney can help you gather the evidence needed to prove that you don’t have legal culpability for your actions.

If you’ve been charged with a crime, the way you handle your situation may have a profound impact on your future. As soon as you can, talk to an experienced criminal defense attorney who can evaluate your case and build a strong defense.