Criminal Defenses and Defense Strategies
In criminal defense cases, defense strategies play a crucial role in protecting the rights and interests of the accused. At Diaz & Wright Attorneys at Law, we employ various tactics to challenge the prosecution's case and establish reasonable doubt. These tactics are often based on your criminal defense.
Alibi
This defense asserts that the defendant was not present at the scene of the crime when it occurred. You must be able to provide evidence or witnesses to corroborate your whereabouts.
Constitutional Violations
This defense focuses on violations of the defendant's constitutional rights during the arrest, search, or seizure. If law enforcement acted unlawfully, evidence obtained through such violations may be suppressed.
Duress or Coercion
This defense argues that the defendant committed the crime under duress or coercion. To use this defense, you must have been forced or compelled to act against your will due to threats or fear for your safety or the safety of others.
Entrapment
This defense asserts that law enforcement induced or persuaded the defendant to commit a crime they would not have otherwise committed. It aims to show that the defendant was lured into criminal activity by law enforcement's actions. Even if, for example, you were tricked into criminal activity by an undercover police officer, you typically still must show that you would not have committed the crime but for the entrapment.
Innocent
A defense strategy often revolves around proving the defendant's innocence. This may involve presenting an alibi, challenging the credibility of witnesses, or introducing new evidence to cast doubt on the prosecution's case.
Insanity Defense
This defense asserts that the defendant, due to a mental illness or defect, was incapable of understanding the nature or wrongfulness of their actions at the time of the offense. We can present expert testimony and evidence to support this claim. If successful, however, the defendant may be sent to a mental health facility.
Lack of Intent
If the crime requires intent, we might be able to argue that the defendant did not have the necessary mental state to commit the offense. This strategy seeks to establish that the defendant's actions were accidental or lacked the requisite intent to commit the crime.
Mistaken Identity
This defense challenges the accuracy of eyewitness identification, asserting that the defendant was wrongly identified as the perpetrator due to factors like poor lighting, stress, or unreliable witnesses.
Necessity Defense
This defense argues that the defendant committed an illegal act to prevent a greater harm or danger. It asserts that the defendant had no reasonable alternative and that their actions were justified under the circumstances.
Self-Defense or Defense of Others
This strategy is used when the defendant claims they acted in self-defense or defense of others. The defense aims to demonstrate that the accused reasonably believed they were in imminent danger and used reasonable force to protect themselves or others.
In criminal defense cases, defense strategies and types of defenses vary depending on the unique circumstances of each case. Our defense attorney uses a range of tactics to challenge the prosecution's case, protect the rights of the accused, and establish reasonable doubt.
