Common types of criminal defense

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Common types of criminal defense

The first thing to note when considering criminal charges of any kind is that the prosecution must be able to prove beyond reasonable doubt that the accused party is guilty of the crime. This means that a criminal defense strategy may involve a number of types of rebuke. For example, this could include disproving individual components of the allegations, arguing that the defendant was not the person responsible for the crime, or that the defendant did in fact commit the crime but only because he/she believed that there were extenuating grounds for doing so (pleading insanity is another common type of criminal defense – speak to an LA based lawyer for details). Now, let’s look at some other types of criminal defense strategies.

A failure to grasp the gravity of the situation

Arguing that the defendant did not fully appreciate the implications of their actions is an angle that may come to light in conversation between the defendant and the criminal defense lawyer. This type of defense revolves around establishing the existence of external factors that drove the defendant to act in ways that can be understood when given context. A simple example of this defense is where the defendant was either knowingly or unknowingly under the influence of drugs. Any circumstance that may result in the defendant temporarily losing perspective of right and wrong could arguably provide a defense that is submissible in court. 

Similarly, any arguably reasonable circumstance in which the defendant is able to demonstrate that their actions were as a result of a misunderstanding could be heard by the judge. An example of this type of criminal defense may include accusations over stolen goods, money, or property in which the defendant believed that they had been given permission to take or use the article(s) in question.  

Although criminal actions took place, they were justified

In certain cases, the criminal defense may be able to argue that the defendant’s actions were undertaken as a result of justified behaviour given certain extreme negating factors. This includes any instance of acting under duress (such as acting under the immediate threat of loss of life), or any criminal act carried out in self-defense of oneself or of another. Entrapment is another type of defense that involves the defendant admitting responsibility for the criminal action, but argues that they were induced to commit the crime in some way.