Types of Criminal Defenses

Constructing a criminal defense case can be approached via different avenues depending on the circumstances involved, and a good lawyer will choose the option with the highest chances of success.

Criminal defense refers to arguments designed to explain or support the motivation of an individual arrested for breaking the law and is based on the specific circumstances entailed with a certain scenario. In most cases, this argument is presented by the defendant’s legal representation, and supported via expert witnesses who testify as a means of proving the authenticity of the defense’s position. Though many court cases feature unique elements in their makeup, some defense foundations are implemented on a regular basis by lawyers seeking to put the odds in their client’s favor.

The United States Courts reported an 8% increase in criminal cases from last year, meaning more people are in need of adequate defenses to bolster their hopes of victory, and some of the options available to such individuals include:

Insanity

Contrary to popular belief, this argument is not a favorite option for a Denver criminal defense lawyer making a case for their client, and it usually does not pose high chances of success either. This argument is based on the mental status of the defendant and states that a perpetrator was not aware of their actions regarding the crime committed due to a loss of their cognitive faculties. The defense is categorized into two primary classifications consisting of temporary insanity, which claims a defendant suffered a mental breakdown at the time the crime was committed which they have since recovered from, and plain insanity which argues the defendant cannot be charged for their offense as they are not in their right mind.

Self Defense

This is a more popular option implemented in trials related to violent acts, especially in cases where the defender is accused of causing physical bodily harm to the victim. The self-defense approach argues that the actions taken by a defendant were as a result of their attempts to protect themselves or a loved one from danger, and failure to act would have resulted in their demise, or the person of concern falling into harm’s way. The defendant has to prove that had they not acted in the manner that they did, the victim concerned would have placed them in notable peril.

Coercion and Duress

The Denver criminal defense lawyer that implements this argument has to prove that their client was coerced into committing their actions via the use of illegal force, or after being threatened with the same. An individual who opens a locked door for burglars, for example, can argue that they were threatened with physical harm by the thieves should they fail to comply with their demands, and as such was left with no choice than to aid the perpetrators with gaining entry.

Abandonment and Withdrawal

Individuals who may have planned to commit a criminal act but later abandoned such intent and withdrew from the plot can use this means of defense should others still carry out the illegal operation concerned. Defendants, in this case, have to prove that they really did abandon any plans of their involvement in such activity to win the argument.