What are the Different Types of Criminal Defenses?

There are multiple criminal defenses that a criminal defense lawyer can utilize when attempting to dismantle a prosecutor’s criminal case against a defendant. Among those defenses include:

  • Affirmative criminal defense
  • Insanity defense
  • Coercion and duress
  • Abandonment and withdrawal

Getting arrested for a crime can be a traumatic experience, and it may seem like the prosecutor will easily win. This is not always true, there are multiple ways to deconstruct a prosecutor’s case that can lead toward exonerating a defendant.

No one should ever go into a criminal case alone, and the accused should hire a criminal defense lawyer who knows the process and can find the weak spots in a case.

What are the Most Effective Defenses?

There is no one defense that is more effective than another. A lawyer will speak with their client and discuss which one works best for the case they are defending. Each defense has its own unique process.

Affirmative Criminal Defense: Under this strategy, the defense lawyer presents evidence that presents an alternative theory of the case. An example would be an alibi witness.

Insanity Defense: This defense attempts to prove that the defendant suffers from a mental issue that causes them not to differentiate right from wrong. Clear and convincing evidence must be presented to prove this claim, but it can be risky since the defendant is admitting to committing the crime. If the jury rejects the insanity defense, they will most likely find the defendant guilty.

Coercion and Duress: This defense states that the defendant committed the acts that they did because they or someone they care about was the victim of unlawful force. They or their loved one can also be threatened with force to qualify for this defense. An exception is if the defendant was engaged in a criminal act that led to the coercion.

Abandonment and Withdrawal: This affirmative defense occurs when a person was planning to commit a crime or serve as an accomplice to a crime and decided to back out at the last minute. The defense only applies when the person has not committed any crimes prior to their decision to back out, or the person must have notified the police.

Are There Other Common Criminal Defenses?

There are other criminal defenses that are at the disposal of a criminal defense lawyer. These only require certain circumstances to be true and might not completely exonerate a defendant. These defenses include:

  • Self-Defense: The defendant will argue that they were being assaulted by an individual, which led to the defendant having to use force on the person. Certain types of force are permitted, including deadly force.
  • Consent: Under this strategy, the defense will claim that they had the permission of the victim to commit the acts that they are accused of.
  • Intoxication: This one may not get all the charges dismissed, but it can help negate some of the elements of the crime. The defense can argue that the defendant was intoxicated when they committed the crime and did not have full control.
  • Statute of Limitations: The defense will claim that the time limit a prosecutor has to file charges has elapsed; therefore, the charges should be dropped.

A knowledgeable lawyer will be able to choose the right defense for their client. Understanding criminal law can be challenging, but a lawyer will be able to properly build a defense for the accused.

South Jersey Criminal Defense Lawyers at Agre & St. John Utilize the Best Defenses for Clients

If you have been arrested for a crime, a South Jersey criminal defense lawyer at Agre & St. John is ready to help. Our experienced team knows the criminal justice system and will work with you to get the best resolution for your case. Contact us online or call us at 856-428-7797 for an initial consultation. Located in Haddonfield, New Jersey we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.

Statement Regarding Coronavirus Disease ("Covid-19"):
PLEASE READ »

A Message to Our Clients: We Are Here to Help You.

At The Law Offices of Robert N. Agre, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our office is open and we are able to meet with you virtually.

We are responding to emails and voicemails and are happy to arrange phone or video consultations. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call (856) 428-7797.

Thank you and take care.