231 Law

Types of Criminal Defenses Used in Criminal Trials

If you’ve been accused of any crime, expect to appear in court. In this situation, the accused is referred to as the defendant. Working with the defendant, an Orlando criminal defense lawyer will want to build criminal defense to ensure a guilty verdict doesn’t arise.

A criminal defense refers to a strategic argument aimed at challenging the sufficiency and validity of the prosecution’s evidence. In this case, the prosecution refers to the party attempting to prove you’re guilty of a certain crime.

Affirmative criminal defense

Certain criminal defenses may try to undo the prosecution’s evidence by proving it’s false. On the other hand, some defenses can accept part of the prosecution’s evidence to be true. Such defenses are commonly known as affirmative defenses. These defenses require the defendant together with their criminal attorney, to come up with evidence that supports the defense.

For instance, if you’re facing first-degree murder charges, you and your lawyer can decide to come up with an alibi witness-someone to testify that you couldn’t have committed the crime you’re being accused of. In this case, the alibi witness is the defense.

Coercion and duress

It’s an affirmative criminal defense, which says you were forced into committing a crime after an unlawful force was used to threaten you. The unlawful force itself doesn’t necessarily have to occur; the threat of the unlawful force could be sufficient to prove a coercion defense.

Also, the accused doesn’t have to experience the threat of force directly. It could have been directed towards another person, such as the accused’s family member.

Abandonment and withdrawal

Also referred to us renunciation, abandonment and withdrawal, is another criminal defense type available to defendants. The defense often says that you were to be their accomplice or commit a certain crime, but you decided not to …