Common Types Of Criminal Defense

in Criminal-defense
A criminal defense involves a series of arguments geared towards the acquittal or lessening of the sentence of the accused. It is usually handled by a criminal defense attorney who lays down all possible arguments based upon the circumstances and data provided by the accused.
There are several kinds of defenses that can be raised during court proceedings. It is important for both counsel and defendant to agree on the most effective defense that would yield the most favorable results.
The affirmative criminal defense is an example of an argument that accepts the evidences of the prosecution. A good example would be an alibi. Alibi means the accused could not have committed the crime because of physical impossibility. The defense may ask the help of a friend who could testify that the accused could not have committed the crime because they were someplace else. There are now law firms and legal practitioners in many places like Jacksonville and Los Angeles who makes use of this kind of positive defense.
The defense of insanity is by far the second most well-known defense available. However, it is not most commonly used in courts and is generally ineffective. This defense allows the defendants to own up on the crime while at the same time denying the fact that they were in the right state of mind while perpetrating the crime. If for example a Jacksonville criminal defense lawyer like many others would be able to provide sound evidence that can support then defendants claim of insanity then it would be a strong defense.
Coercion and duress can also be considered another kind of positive defense. This means that the defendant was forced to commit a crime by a more powerful force. The more powerful force may constitute a threat or an impending danger against the life of the defendant. This should also constitute the fact that the defendant does not have any other choice but to commit the crime. A Jacksonville criminal defense lawyer like many others may also say that the threat is not directly against the defendant but to the immediate family instead.
Other criminal defenses involve self-defense, consent, and intoxication. Like many other states, a Jacksonville criminal defense can also constitute either one or a combination of these defenses. It all depends upon the evidences at hand and the witnesses available.
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Michelle Gillett has 1 articles online


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Common Types Of Criminal Defense

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This article was published on 2010/12/01