When someone is accused of a crime, they’ll likely have to appear in the court. The reason is that they have made a criminal defense case. So, what is criminal defense cases? That’s what we’ll be talking about in this article.
Going through criminal charges can be a frightening experience for anyone. Whether it is burglary, shoplifting, DUI, or other criminal charges, there are severe consequences for a guilty person. The court may imprison them, impose fines, and seek other compensation.
Having a good criminal defense lawyer can bring a better result on behalf of the defendant. They let you know about your right after a criminal charge. There are a lot associated with it. Let’s know them in detail.
What Is Criminal Defense Cases?
In the field of criminal law, the criminal case is a court process where someone is charged with committing an act that is against the law. The accused person is called the defendant.
As a legal right, the defendant will likely want to establish a criminal defense to prove themselves innocent. Here the defendant can seek legal help from a legal lawyer. The criminal defense lawyer aims to prevent a guilty verdict.
However, the other party who try to prove the claim against the defendant is called prosecution. All in all, the criminal defense case is a legal proceeding that challenges the legitimacy and sufficiency of the prosecution’s evidence.
What Does a Criminal Defense Lawyer Do?
The criminal defense lawyer is an individual who is specialized in defense cases. He/she tends to fulfill a vital role during the criminal case process. A criminal defense lawyer is accountable for defending an individual who is accused of a crime.
The lawyer speaks and handles the case on their client’s behalf. Here is the role of a criminal defense lawyer in a criminal defense case;
- Assignment of the case
- Interview the client about the case
- Further investigation into the case
- Analyzing the evidence
- Maintaining contact with the client
- Assists with the jury selection process
- Preparing for the trial
- Representing the client during the sentencing phase
Types of Criminal Defenses
There are a lot of criminal defenses available for the defendant to avoid punishment for the criminal charge. Take a look.
Affirmative Criminal Defense
Affirmative defense refers to the type that admits a few prosecution’s evidence as real. It requires both the defendant and the criminal defense lawyer to generate evidence to support their defense. In this type of defense, the evidence must have to be available on the crime you are charged.
For instance, let’s imagine you are accused of first-degree murder, which means you plan the murder earlier. You have the option to choose an alibi witness who will affirm that you couldn’t have committed the crime. Here, alibi witness is your affirmative defense.
The Insanity Defense
The insanity defense is a rarely-used but often successful option. It takes place when the defendant committed the supposed crime but unaware of the crime they did.
To use this type of defense, the defendant must have had a severe mental disease while doing the crime. Depending on the insanity defense can be risky. So, it is essential to consult with the criminal defense lawyer before using it.
Abandonment and Withdrawal
This type of defense is also denoted as renunciation. It states that you were going to obligate a crime but later decided to abandon any contribution. You and your lawyer have to demonstrate that the abandonment has occurred.
Coercion and Duress
It’s a type of affirmative criminal defense that states you were forced to do a crime by an unlawful force. The threat of the illegal force is enough to prove the defense.
Conclusion
Apart from the discussed option, there are more criminal defenses, including self-defense, consent, intoxication, etc. What choice is suitable for you depends on the crime you are accused of and the available evidence. Hopefully, you’ve got a better idea of what is criminal defense cases.
