Which Defense Strategy is Best for Your Case?

Anyone who’s facing criminal charges, is doubtlessly feeling some level of anxiety about the future. For those who don’t know a lot about how the criminal justice system works, it may feel like a major disadvantage. Whatever defense a person winds up with, anyone in this situation wants their attorney to execute a tactical plan that challenges the case put on by the prosecution. Although the prosecution has the burden of proof, in the best-case scenario the defense will have an alternate theory of the case that will put the prosecutor’s theory in doubt. A knowledgeable Kissimmee criminal defense attorney can help one to understand that there are four basic defenses: perfect, imperfect, affirmative, or denial. Here’s a cursory overview of each:

The Perfect Defense 

A perfect defense is one that seeks to have the defendant acquitted on all charges. It could be based on factual matters, like an excellent alibi, or on legal statutes, like an expired statute of limitations that negates the state’s ability to prosecute in the first place. Whatever the specifics, a perfect defense will give the jury an alternative narrative through which to view the case.

The Imperfect Defense

When the defendant’s attorneys argue that, while criminal activity did occur, lesser charges should be pursued, it is known as an imperfect defense. That might mean seeking manslaughter charges instead of 1^st degree murder charges, for example.

The Affirmative Defense 

In an affirmative defense a defendant’s team introduces some new issue—like self-defense, entrapment, or insanity, for example. This new issue is used to explain and justify the events in question.  In other words, an affirmative defense acknowledges the criminal activity, but provides some sort of rationalization for the actions of the defendant.

The Denial Defense 

The denial defense is contingent on the lack of proof beyond a reasonable date for every element of a case. The elements include, at the very least, a confirmation that criminal activity occurred, the existence of criminal intent, and the concurrence of the two. When the crime requires a negative outcome in order to be considered criminal (not all crimes do, like, for example, conspiracy, which requires only that it occurred and not that it was successful), causation and harm must also be proven. In some cases attendant circumstances may be required, such as characteristics of the victim or other issues (like demonstrating race in a hate crime). The defense team can choose to demonstrate that these elements are not in evidence or may simply wait for the prosecution to fail to make a case beyond a reasonable doubt.

Fighting for You 

The creative, dedicated criminal defense attorneys at Salazar & Kelly Law Group always go to bat for clients in an attempt to achieve the best possible outcomes.  To discuss your situation, schedule a confidential consultation in our Kissimmee office today.

Source:

open.lib.umn.edu/criminallaw/chapter/5-1-criminal-defenses/