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Different Defenses Used By Criminal Defense Lawyers Criminal defense lawyers are defending their client in court who’s been charged with criminal activity that may range from felony to misdemeanor. The lawyer’s client has to pay hefty fine, serve years in prison, do a community service or even get a death penalty if they’re convicted. It’s the job of the lawyer to either get their client the slightest sentence possible or acquitted. These lawyers are using several defenses in order to accomplish this feat. Affirmative criminal defense – some defense lawyers are going to minimize the evidence of prosecution by showing it isn’t true. And for this to succeed, the lawyer together with their client should produce evidence in support of the defense. To give you an example, if the defendant is being charged with first degree murder which means that the client has planned the murder before it even happened, then they might provide alibi witness. This is also someone who is going to testify that the defendant couldn’t have committed such crime and give alibi for the time when the murder occurred. Insanity defense – in this defense, it’s made popular by TV shows and movies. What’s unfortunate is, it’s a kind of defense that’s not often used or successful. When criminal defense lawyer has uses this defense, it just states that their client did not commit the crime but, didn’t know what they did was wrong.
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To effectively use this defense, the client must have serious mental illness or defect at the time when the crime was committed. It could be risky to depend on this kind of defense as the client is admitting to the crime but, if the jury doesn’t believe that the client is insane, they may find person guilty and hand down a harder sentence.
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Duress and coercion – this is actually an affirmative criminal defense lawyer used stating that their client was only forced to commit the crime because of being threatened using unlawful force. In reality, there’s no need for the force to happen because a threat is enough to satisfy this defense. This threat doesn’t need to be against the client as it can also be against someone else like a friend, family member etc. On the other hand, in case that the reckless action of the client is what put them in the situation that caused duress, then this defense couldn’t be invoked. General defense – then again, you’ll find that criminal defense lawyers are using general criminal defenses ranging from self defense, consent as well as status of limitations. If you are accused of something you didn’t do or perhaps have committed unlawful act, hiring an experienced lawyer should be in your best interest.