Monday, December 28, 2015

What are the common defenses that criminal defendants raise?

In criminal cases, it is essential for the prosecutor to prove to the jury that the defendant is guilty beyond a reasonable doubt. For the most part, defendants are provided with ample scope to present their side of the story. There are several types of defense ranging from ‘I didn’t do it’ to ‘the act was in self-defense’.

You can watch every episode of Law and Order 4 times and that would not make you a criminal defense lawyer. It is better than watching a soap opera though! You will need legal help if you are being charged with a crime. This is where David Grossman enters the fray...https://usattorneys.com/company/david-grossman-criminal-defense/. He is a proven and accomplish lawyer in the New York City area where he knows the courts and the system. 
‘I didn’t do it’ defense

Defendants often claim that they have simply not committed the act. If you go by the work of Kings Park, NY criminal defense lawyers and the constitution, in criminal cases the defendants are presumed innocent and will remain so until the conviction. This means that the public prosecutor has the burden of proving guilt to the jury.

In addition, there is the issue of ‘reasonable doubt’. Criminals are often let of the hook in cases where the defense attorneys are able to sow the seeds of doubt through testimonies in the minds of jury. To ensure that this does not happen, prosecutors will have to provide unquestionable evidence and unchallenged testimonials in order to eliminate any doubt.

Defendants also often raise the question of alibi. This term means that the defendant was somewhere else when the crime happened and since he was not at the scene of the crime, he/she was not guilty.

Did do it but there were valid reasons

In many cases defendants are acquitted in spite of the fact that the prosecutor was able to prove beyond any doubt that he or she was guilty. They will certainly need the help of a New York criminal defense attorney, such as David Grossman, to pull this off though. Remember, the movie Fracture was just a movie.

The plea of self defense

This plea can be entered in cases involving violent crimes such as murder, assault, and battery. The legal system believes that a person can defend himself from an aggressor who was jeopardizing the life of the defendant. The defendant will have to prove that he was not the aggressor and that the threats he faced were real. Courts also take into account the reasonability of the force applied by the defendant to bring the aggressor down.

The plea of not guilty by reason of insanity

When nothing else works, the defense attorneys try to introduce this plea. This is used as last pitch by criminal defense lawyers who try to prove that their client had no control over his/her actions as they were mentally unstable and had psychiatric issues. For the most part, courts vary a great deal on what actually falls under insanity. After the ridiculous John Hinckley Jr. case (who tried to assassinate one of America’s best Presidents in Ronald Reagan), beating the charges because you were crazy is harder to do.

Proving insanity is difficult as psychiatrists from both sides could provide conflicting testimonies after examining the defendants and often lawyers try to question the credibility of the psychiatrists. Moreover, defendants are not acquitted if they are proved insane and Kings Park, NY criminal defense lawyers are cognizant of this. They are taken to a psychiatric facility for treatment which is a cakewalk compared to prison though.

Plea of ‘under the influence’

New York criminal defense lawyers, such as David Grossman, often choose a plea deal when a defendant claims he has committed the act under the influence of alcohol and drugs. These defendants are not likely to go completely unpunished since drugs and alcohol cannot be used as an excuse to commit crimes. However, their sentences might be muted or mitigated.

Plea of entrapment

Here the defendant often claims that government officers have forced him to commit a crime. This type of plea is very difficult to prove for a variety of reasons.

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