All too often, those accused of breaking the law assume the worst. They believe that if a prosecutor has enough evidence to bring charges, then their conviction is inevitable. However, many people accused of violating the law can successfully defend against those charges with the right assistance.
A defense attorney can help an individual accused of breaking the law review the state’s case and plan a defense strategy. Depending on the circumstances, there might be several different ways of fighting criminal charges. The following are some of the most common defense strategies that actually result in individuals avoiding criminal convictions.
Raising a reasonable doubt
The approach to criminal defense most people understand involves raising a reasonable doubt. The prosecutor has to meet a very high standard of proof to secure a conviction. Defense attorneys can help people produce alibis and establish that they were not present when a crime occurred. They can bring in expert witnesses to reevaluate evidence or propose an alternate explanation for the state’s evidence. If such tactics create a reasonable doubt about an individual’s guilt, the defendant may be able to avoid a conviction.
Developing a solid affirmative defense
In some cases, defendants don’t deny that they engaged in certain behavior. However, there may have been extenuating circumstances that affect the legality of their behavior. For example, some people break the law while under duress. Threats made by someone with criminal intent may force them to engage in certain behavior for their safety or the protection of their loved ones. Claims of duress are only one type of affirmative defense. People can also mount affirmative defenses based on claims that they acted to defend themselves or on the basis of lacking capacity at the time an incident occurred.
Challenging the evidence
Not all evidence holds up under scrutiny in criminal court. Sometimes, police officers or investigators break the law in their attempts to develop a criminal case. When there is proof of an illegal search or other misconduct, an attorney may be able to keep certain evidence out of court. That tactic can lead to a successful defense or even a prosecutor dismissing pending charges.
Understanding the different types of criminal defense strategies can help people consider their options when they face charges. Many defendants have an opportunity to avoid a conviction with the right support.