Top Defense Strategies to Use as a New Criminal Lawyer

Criminal defense lawyers focus explicitly on defense, which can involve having charges downgraded or dismissed altogether. When you’re a new criminal lawyer, getting the best outcome for your client can sometimes seem like an impossible undertaking, especially when you know they’re guilty or it seems like an open and shut case. However, whether you’re a new or seasoned criminal lawyer, you might be surprised by how many defense strategies, such as the ones listed below, can sometimes work in your favor.

They Had an Alibi

When someone is being accused of a crime, Melbourne criminal lawyers and lawyers all around the world start trying to establish the client’s alibi to prove they couldn’t have committed the crime they’re being accused of. Establishing an alibi can be one of the most effective defense strategies for any law firm to work on, especially since lawyers on the opposing side might find it challenging to disprove the theory of someone not being able to be in two places at once.

It Was a Case of Mistaken Identity

There have been many cases of mistaken identity in which someone was incorrectly identified as the criminal because they looked similar to the person who actually committed the crime. Sometimes, these incorrect identifications are made from CCTV footage, but other times, they are wrongly identified by victims. If you believe your client is a victim of mistaken identity, you must demonstrate that they were improperly identified as the offender. This can involve producing a solid alibi and, where necessary, a DNA test.

It Was an Accident

Not everyone accused of a serious crime like murder intended to commit the crime. While there might be no denying that your client did indeed commit the crime, there might have been no intent for it to happen. In this case, you might need to prove that the act was accidental without criminal intent. They might still face criminal charges, but you might be able to fight for their right to a lesser sentence.

They Felt They Were in Immediate Danger

Some people commit crimes because they feel like they are in immediate danger, and the only way to remove themselves from that situation is by committing a crime. For example, a criminal defense lawyer might try to prove their client was innocent of assault with a deadly weapon because someone else also had a deadly weapon and intended to use it on them. If you can prove that your client wouldn’t have otherwise used the weapon to commit harm, you might be able to have their charges downgraded or dismissed.

They Were Under Duress

Duress means that a person performs an act they ordinarily wouldn’t perform due to violence, a threat, or pressure from another person. In most situations, a successful affirmative defense means that the act wasn’t criminal. If there is no affirmative defense of duress, judges and juries might consider lighter sentences. In rare cases when an argument of duress has been successful, a jury might nullify a charge by refusing to convict on it.

When you’re a new criminal lawyer, it can be daunting to know you hold your client’s chances of freedom in your hands. There are never any guarantees that a case will go your way, but you might have more options than you think by considering these popular defense strategies above.