Defending yourself against a charge of crime is not at all easy. First, you need to understand the elements of the crime that are being charged against you. Then look for the defenses that you can present against various elements. You need to defend yourself against each element. Though every case is different, here we will guide you overall with a criminal charge.
Things One Can Do If Your Are An Accused In A Criminal Defence Case
Here the things that you need to consider if you are an accused in a criminal defense case.
1. Innocent Until Proven Guilty
The American law states that till the time your guilt is not proven, you are innocent. It is the prosecutor’s job to prove your crime. You can stay silent and do not offer any evidence to support your until the prosecution presents something against your innocence.
2. Beyond A Reasonable Doubt
The prosecutor has to demonstrate to the jury or the judge that there is no doubt about the crime that you have committed. In case any doubt is established there, by a California Criminal Defense Lawyer, it implies that your guild is not proven. Most defenders concentrate on raising doubt on the allegation that the prosecutor has brought.
3. I have An Alibi
In order to prove the prosecution wrong, in most cases, the defendants represent an alibi. An alibi defense will prove that you were somewhere else or with somebody else when the crime was executed. When you are presenting evidence of your being somewhere else, you are creating a reasonable doubt of your guilt.
4. Self Defense
Self-defense is something you can use as a common defense form when someone is charged with some form of physical violence. This ancient defense exists in most legal systems. You can present your guilt as you did not have any intention to commit the crime, but while defending yourself from any physical assault, the incident happened.
5. Insanity Defense
Defendants plead for this defense very rarely as per California Criminal Defense Lawyer. In every criminal law, there is an “insanity” or “mental” element. Here, the defendants represent the mental illness of yours stating that you had no idea about what you were doing when the crime was committed. And that has happened due to your mental illness or instability.
6. Under The Influence Defense
Much similar to the insanity defense, there are some defenders who state that they were influenced by any drug and were not in the mental state to commit the crime. Due to the effect of the drug, they were totally unaware of what they were doing while the crime was taking place. Not all states allow this defense. And this will not fully prove your innocence by a California Criminal Defense Lawyer. It is only a partial defense. If presented well, it will only lower the crime you have been charged.
7. Entrapment Defense
An entrapment defense is something that you can use when an official prompted you to do the crime. Here the theory is the government can not allow you to commit a crime and then convict you for it. But it does not always work. Suppose an undercover officer offered you to sell illegal drugs, and you have a past record of drug use. Entrapment defense will not be successful here.
8. Get Legal Help
When you are defending yourself against a criminal charge, it has many facets. Only a good criminal defense attorney will be able to understand all the charges with their ramifications along with every defense. As soon as you have been charged for a crime and the initial investigations are being conducted, you should go for a California Criminal Defense Lawyer.
When you have been accused in a criminal defense case, the first thing you need to do is search for Valery Nechay criminal defense lawyer in California. Consider the best lawyer specialized in criminal cases. An experienced lawyer will be able to defend you with all the proper evidence and can prove you innocent in front of the judge and jury.