Common Criminal Defense Strategies
If you have been arrested, you should consult with an experienced attorney as soon as possible. He or she can candidly assess your case, gather evidence, protect your rights and fight for you in court. Depending on the circumstances of your case, you lawyer may rely on one of the following common criminal defense strategies:
- Claim self-defense — Did police arrest you for assault, homicide or another type of violent crime? Depending on your case, you may be able to show a judge and jury that you acted in self-defense — that is, to protect yourself or another from harm.
- Gain sympathy of judge and jury — In some criminal defense cases, it makes sense to try to gain sympathy from the judge and jury. You may be able to show that you tried to avoid engaging in criminal activity but dire circumstances forced your hand.
- Explain the events — Yet another common defense tactic used by criminal law attorneys is to give alternate or more detailed explanations of events. If you were in another country when the crime the state is charging you with occurred, then you should be able to explain and support your story with evidence and/or witnesses.
- Plead insanity —Many people are familiar with the insanity defense because they see it used often on television, but proving insanity can be difficult and risky. A successful insanity plea does not guarantee release; the defense is best used to ensure that mentally ill defendants receive treatment at secure medical facilities rather than going to prison.
Every criminal defense case is different. The strategies and tactics used in a DUI defense case differ from those used in white-collar crime cases. The attorney you hire can carefully review your case and tailor a defense strategy unique to your situation.