A person charged and accused of the commission of a crime is known as a defendant, and he or she is presumed innocent until proven guilty beyond a reasonable doubt. However, defenses can justify or excuse criminal behavior, and they can reduce or eliminate criminal charges. In this article are listed some common defenses for criminal acts.
Self Defense
The law allows defendants to claim self-defense in the following situations:
* Where the reaction was a measured, reasonable response to an imminent threat
* Where the defendant did not act as the aggressor
* Where the defendant was in fear for his or her life
Self-defense can be difficult to prove in cases where witness testimony differs from the defendant’s version of events. However, if proven, self-defense completely absolves the defendant of the criminal act.
Necessity or Duress
Most states legally recognize duress defenses when crimes are committed under threat of bodily injury or death. For instance, if someone forces another person to steal a car at gunpoint, duress could be used as a defense to the auto theft charge. Necessity can be a valid defense in cases where people break into houses to keep from freezing to death. Duress and necessity defenses are uncommon, but are complete when they can be proven.
Insanity
Mental defects and disease aren’t usually used as a defense, but if a defendant had such a condition at the time of an offense, an insanity defense can keep him or her out of prison. The theory is that a person should not be held accountable because they could not form the intent necessary to commit a crime. Insanity is one of the most difficult defenses for the Law Offices Of Eric Cedillo to prove, and requires solid expert testimony.
Intoxication
Intoxication generally cannot be used as a defense, especially in cases of voluntary intoxication. The law holds people accountable for their choice to become inebriated, even if they wouldn’t have committed the act while sober. In cases where a Criminal Defense Lawyer Dallas Texas can prove that intoxication made the client unable to intentionally commit a crime, charges can be reduced.
There are many defenses which can be used in criminal cases, and some are more effective than others. By hiring a Criminal Defense Lawyer Dallas Texas when you are facing charges, you will get legal advice specific to your case, and you’ll have representation in court. Click here for more information.
