What defense strategies are commonly employed by criminal lawyers?

The representing clients facing criminal charges, defense attorneys of strategies and defenses based on the specifics of the case. Certain defenses are raised frequently as they apply to many common criminal cases.  The most common strategy used by defense attorneys is seeking to have incriminating evidence thrown out and excluded from trial. If the judge agrees to suppress the evidence, the prosecution’s case is severely weakened information.

Attacking the credibility of witnesses

An experienced Brampton criminal law office will closely analyze any witness statements and look for inconsistencies or other ways to the witness’s credibility.  One overarching goal of any criminal defense strategy is introducing reasonable doubt in the minds of the judge or jury deciding the case. Juries are instructed to convict unless the prosecution proves guilt beyond a reasonable doubt. Savvy defense lawyers will seize on every opportunity to raise doubts by questioning the strength of the prosecution’s evidence.

Pleading to lesser charges

In the vast majority of criminal cases, some type of plea bargain is reached where the defendant pleads guilty, usually in exchange for an agreement will receive a lesser charge or more lenient sentence. The defense lawyer handles with prosecutors to secure the best possible deal of the circumstances. If a plea deal or conviction at trial looks unavoidable, the defense attorney will strongly advocate for mitigation at sentencing. This involves presenting evidence of any extenuating circumstances and highlighting positive aspects of the defendant’s background and character in hopes of a more lenient punishment.

Self-defense claims

When the criminal charges involve allegations of violence or homicide, arguing the actions were taken in lawful self-defense is common. The defense presents evidence and the defendant’s testimony to act reasonably to protect them from serious harm or death. Some criminal defenses are based on the defendant lacking the mental capacity to form criminal intent or actions either due to mental illness or intellectual disability. These claims require testimony from psychiatric experts. If successful, the defendant avoids prison and instead receives psychiatric treatment. This argument is raised in a small fraction of cases and the burden on the defense to is quite high in most jurisdictions.

Diminished capacity

The defense of the defendant’s mental illness or defect prevented the specific mental state required for a particular crime. This diminished capacity means convicted of a lesser offense not requiring that intent level. Voluntary intoxication from drugs or alcohol does not excuse criminal conduct. However, the defense may claim the defendant’s intoxicated state negated their ability to form the mental state required by the charged offense, a conviction on lesser charges.

A photograph, video footage, cell phone records, receipts, and other documentation may be introduced to substantiate the alibi claims.

Claiming entrapment

In cases involving undercover operations, the defense may argue the defendant was entrapped into committing a crime they otherwise would not have committed absent pressure or manipulation by undercover agents. Courts can dismiss charges if entrapment arguments are persuasive. Criminal charges often require proving the defendant had specific intent to commit the illegal act. As you can see, skilled criminal defense lawyers have numerous strategies they can deploy to vigorously advocate for their clients.