Common Defense Tactics in Criminal Court

A criminal charge can dramatically change your life overnight. You might be scared, confused, and don't know what to do next. The criminal process is complex, and the stakes are high. Your freedom, your reputation, and your future are at stake. That's why you need the right defense strategy from the beginning. A solid defense can be the difference in court. If you've been accused of theft, for example, having a good Frisco theft lawyer can help you navigate your options and present a strong argument.

Lack of Intent – It Was an Accident

For most criminal cases, the state must prove you had the intention to commit the crime. But what if you didn't? Maybe it was an accident. Maybe you got it wrong, but you never meant it to be illegal. That's what's called a lack of intent. If your lawyer can prove that you acted by mistake, the court could decide that you're not guilty. That serves as a good move where the intent of the law needs to occur, such as with theft or vandalism.

Mistake of Fact – A Genuine Misunderstanding

Other times, individuals are charged with crimes because they got something wrong. Maybe you took something that you believed was yours. Maybe you entered somewhere under the belief that you were there. These are examples of a "mistake of fact." If you did actually get a fact wrong, which is significant, your lawyer can possibly make this work for you. This defense works best when what you did was done in what you believed to be true, even though that proved to be a false belief.

Duress or Necessity – You Had No Other Alternative

At times, people commit crimes because they have no choice. Maybe someone threatened to harm you or your family members if you did not do something illegal. That is called duress. Or maybe you need to commit an offense to avoid a greater evil, like driving illegally to rush someone to the hospital. That's a necessity. Defenses like these are hard to prove, but they're powerful if the facts favor you. Your lawyer will need to prove that you had no reasonable alternative and were under compulsion.

Violation of Your Rights – Police Misconduct

Police officials must adhere to strict rules while investigating a crime. If they break those rules, the case against you may fall apart. Maybe they searched your home illegally. Maybe they failed to read you your rights during questioning. If your rights were violated, your lawyer can petition the court to throw out the evidence. This is among the most effective ways if employed in the right manner. An experienced defense attorney will carefully analyze how the police handled your matter.

Intoxication – Not in Control of Your Actions

There are times when intoxication can be used as a defense. If you were drunk on alcohol or narcotics, you could not have been in the mindset required to commit an offense. This is an undesirable defense. If you got drunk or did drugs, the judge might still hold you responsible. But if someone slipped something into your drink without your knowledge, it's a different story. Your lawyer will need to explain it to the judge and show how being intoxicated affected your behavior.

Self-Defense – Defense of Yourself or Others

Self-defense is quite prevalent and usually succeeds. If you were attacked or threatened, you could defend yourself. The same goes for defending another. But the reaction should be in proportion to the threat. You cannot use lethal force unless you feel threatened yourself. Your lawyer will need to demonstrate that you reasonably acted and had no choice. If you are in doubt about self-defense statutes, it would be advisable to consult a criminal defense attorney. This defense would usually apply in domestic assault and violence cases.

Insanity – Not Responsible Because Of Mental Illness

The insanity defense is invoked when the defendant suffers from a serious mental disease at the time of committing the crime. It is saying that they didn't know they were doing it or that they didn't know it was illegal. This is a difficult defense and has to be backed up by medical testimony. If successful, it does not necessarily mean that you walk free. You might be committed to a mental hospital instead of jail. However, it is an available strategy in certain cases and can prevent a criminal conviction.

Each Case is Different

Choosing the right defense will depend on the facts of your case. A Frisco drug crime attorney can help you review the evidence, gain an understanding of your charge, and choose the right direction to go. Charged with drugs, theft, or assault, choosing the right legal advice matters.

The criminal charges are serious, but you don't have to go through this by yourself. You are entitled to self-defense under the law. It might be helpful if you understand what is going to happen and speak with an attorney who handles criminal cases. Don't wait. Make an appointment with a defense attorney as soon as possible. Having the right approach might just be the key to your case.