What are the 6 defenses?

These are six conventional approaches to defending people from criminal prosecution. Affirmative Defense. Coercion and Duress. Abandonment and Withdrawal. Self-Defense. Defense-of-Others. Violations of Constitutional Rights.

websterlegal.com - 6 Common Types of Defense in Criminal Law - Webster & Garino LLC

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What is criminal defense?

If you are accused of a crime you need a criminal defense attorney to research, defend, and negate elements in a crime that the prosecution is attempting to use as evidence to convict you. The lawyer becomes your advocate and works with you to get the best potential outcome in the criminal case. At Webster & Garino, we provide you with access to a criminal defense attorney in Indiana. We’ll examine the facts concerning your case and suggest a strategy for challenging criminal allegations. A variety of legal concepts exist that can preserve your liberty and reputation.

These are six conventional approaches to defending people from criminal prosecution.

Affirmative Defense Coercion and Duress Abandonment and Withdrawal Self-Defense Defense-of-Others Violations of Constitutional Rights

1. Affirmative Defense

With an affirmative defense, the defendant and attorney present evidence that undermines a

prosecutor’s claims. An alibi or justification such as self-defense represents examples of

affirmative defenses.

An affirmative defense strategy does not necessarily attack every element of a prosecutor’s case but strives to prove the falseness of the most crucial aspects. Although innocence in itself forms a passive defense strategy on its own because it challenges prosecutors to prove their case, an affirmative defense might play an active role in defending an innocent person.

2. Coercion and Duress

If the circumstances that led someone to take criminal action involved coercion and duress, a criminal defense attorney in Indiana might argue that the person was forced to break the law. The threat of unlawful force against the defendant or someone close to the defendant, like a family member, might show that the defendant acted out of fear and did not want to participate in criminal conduct. This defense requires that a person did not willingly enter the

situation where the coercion and duress occurred.

3. Abandonment and Withdrawal

In some cases, a person intends to commit a crime but then decides to abandon and withdraw from the criminal act, although accomplices might still go forward with it. Evidence must be

produced to show that the defendant abandoned the criminal action before actually

contributing to the crime.

4. Self-Defense

Serious crimes like assault, battery, and murder sometimes involve a person who felt that violence was necessary for self-preservation. The self-defense strategy does not deny that the violence took place but asks the criminal justice system to excuse it. For this defense strategy to succeed, a defendant must show that the force was reasonable and proportionate to the

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threat.

5. Defense-of-Others

Similar to self-defense, the criminal justice system might excuse violent actions motivated by

the need to protect other people.

6. Violations of Constitutional Rights

The U.S. Constitution and Indiana state constitutions install certain rights meant to protect

people from unreasonable intrusions by the government. People facing charges based on

improper confessions or illegal searches and seizures might opt for this defense strategy. A court might have to dismiss a case if evidence arose from Constitutional violations. A criminal defense attorney in Indiana might identify an effective defense strategy after you’ve been charged with a crime. Contact us at Webster & Garino for a case evaluation today.

COVID-19 Update: Can I Modify my Criminal Sentence Because of COVID?

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websterlegal.com - 6 Common Types of Defense in Criminal Law - Webster & Garino LLC

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