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’.
‘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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