What Are Common Defenses in a Criminal Case?

It’s very scary to be charged with a criminal offense, but once you have an experienced criminal defense attorney on your team, some of the stress is going to go away. A criminal defense lawyer will be able to tell you more about exactly which defense strategies are the best for your case, but the following are some of the most common.

From a Criminal Defense Attorney: Common Defenses in a Criminal Case

It’s important to understand right from the beginning that the prosecution has the responsibility to prove guilt beyond a reasonable doubt. This is a very high bar, so some defenses are actually aimed at preventing the prosecution from reaching that bar rather than trying to prove that the defendant did not do something. It’s not always possible to prove a negative, so there are only a few defenses actively aimed at proving a defendant didn’t do something: primarily where there’s a clear alibi.

Other defenses are aimed at challenging the charges themselves. The prosecution may attempt to prove a serious charge, for example, but the defense may be able to show the evidence is only sufficient for proving a much lower charge. Finally, some defenses essentially admit to what happened but provide a justification or mitigation.

The Defendant Didn’t Know What They Were Doing

You are probably familiar with the concept of “not guilty by reason of insanity,” but this is only the most extreme of a whole category of defenses that argue the defendant did not or could not know that what they were doing was wrong.

This could be because of mental disorders, or it could also be because the person was provoked in an extreme way and became so enraged that they weren’t able to understand their own actions, or that they were under the influence of alcohol or drugs. However, in some cases, these latter defenses can actually make things worse, so it’s always wise to rely on your attorney’s decision about the best defense for your case.

Occasionally, a defendant can use a mistake of law or mistake of fact defense. For example, if a person was charged with theft but is able to show they had a real reason for believing they had been given the property they took, this can be a defense since the defendant did not know their actions were criminal.

There Was No Crime at All

Sometimes, a defendant is able to show that even though it seems that there was a crime, in actuality no criminal act took place. For example, say a group of teens enters a department store with the intention of stealing goods, but one of them has a change of heart upon entering and turns around and leaves without stealing anything. They may be picked up with the rest of the group and charged, but the defense may be able to show that in actuality that defendant did not commit any crime at all. This defense is also fairly common in certain types of rape cases, where the defendant may be able to show that the sexual intercourse was engaged in with the consent of both parties.

The Defendant Was Entrapped

This is a very rare defense but possible in some circumstances. The government is not permitted to attempt to trick someone into committing a crime and cannot set someone up for the purpose of getting them to do so. It may be possible in some cases to argue that a defendant would not have committed a crime have they not been trapped by the police or another government entity.

The Defendant Engaged Only in Self-Defense

In a self-defense situation, the defendant is admitting that they did the thing they are accused of but arguing that the only reason they did it was because they were being threatened. Everyone has the right to self-defense, so if an intruder enters a person’s home and the homeowner shoots them, in many cases the police will not bring a charge at all.

However, there are exceptions to this, and the police do investigate whether they believe it was necessary for the defendant to go as far as they did to defend themselves: in other words, were they reasonably fearful of being seriously injured or killed? In this case, a criminal defense attorney will work to show that the force used was necessary for self-defense.

The Defendant Was Coerced

In some cases, a person may be coerced or forced into committing a crime. They do it only under duress and only because they’re threatened. For example, if a co-defendant said that they would kill the defendant or one of their family members if they did not help them with a crime, it may be possible to use this defense.

The Defendant Was Preventing a More Serious Crime or Protecting Another

This is another rare defense, but it can be used in certain situations. Sometimes, it’s possible to argue that a crime was committed only for the purpose of preventing a greater crime. For example, ordinarily it would be a crime to break into someone’s home or into a locked business after hours, but if the defendant had reason to believe that someone inside was in danger and only broke into the building to save them, this could be a useful defense, even if, in the event, it turns out the defendant was mistaken about the danger.

The Defendant Didn’t Do It

Here is where the alibi often comes in. If the defendant is able to show that they were not present at the time and place where the crime was committed, this demonstrates that they did not do it. In other situations, a defendant may challenge the facts of the case as they are presented by the prosecution even if they were present.

For example, in a domestic violence case, a person being accused of battering another may defend themselves by alleging that the other person injured themselves, were injured at some other time, or deliberately exaggerated a minor and unintentional injury.

The Defendant’s Constitutional Rights Were Violated

Another possible defense is to show that the defendant’s constitutional rights were violated during the course of the arrest or investigation. The police do not have unlimited rights to do whatever they like in investigating a case, so if they failed to inform a defendant of their rights, failed to get a search warrant before going through a person’s home, coerced a confession, or otherwise violated a defendant’s rights, the evidence collected may be in admissible in court. This could result in the charge is being reduced or even dropped altogether.

The Defendant Had a Victim’s Consent

In this defense, the defendant is arguing that the person who was injured or otherwise suffered harm had given their consent to participate in an activity which they knew could possibly harm them or damage their property.

For example, if a homeowner asks a visitor to attempt to jump a car over their driveway using a homemade ramp to make a TikTok video, and the car accidentally goes through the homeowner’s living room window, the defendant can use the homeowner’s consent as a defense against any charges regarding property damage.

There are more possible defenses, and a good criminal defense lawyer will know them all and how best to apply them in your case. If you’ve been changed with a crime, contact Hoelscher Gebbia Cepeda PLLC in San Antonio now for a consultation and find out more about how we can help.