When faced with criminal charges, you’ll first consider what defense will favor you. The criminal justice system is complex and can be challenging to navigate alone. You need an experienced lawyer to protect your rights and fight for your freedom. Lawyers can use different forms of defense depending on the facts of the case and the specific charges the defendant faces.
A lawyer should also inform clients of the criminal penalties for felony convictions in their jurisdiction. In Nebraska, the revised statute has four classes of felony offenses. Consult a lawyer in a Nebraska law firm and find out more about criminal penalties.
Common Types of Defense for Criminal Charges
Insanity
In the insanity defense, a defendant admits they committed a crime but asserts a lack of knowledge to distinguish right from wrong due to mental illness. A lawyer can also show that their client had an irresistible impulse to commit the offense. They knew they were wrong, but they could not stop the act. This defense raises many ethical questions because it is hard to determine whether the person is insane or whether the defendant is avoiding punishment. Therefore, your lawyer should have strong evidence for this type of defense.
Alibi
A lawyer can use an alibi defense to prove that the defendant did not commit the crime because they were elsewhere when it occurred. To establish an alibi, the lawyer must present evidence that the defendant was at a specific place at a particular time when the crime occurred. In addition, a lawyer must show that the person could not have traveled from where they were to the crime scene in time to commit the offense. Time-stamped documents, physical evidence, and eyewitness testimony can be used as alibi proof.
Innocence
If you’re charged with committing a crime, a lawyer can use an innocence defense and prove that you did not commit the offense you are accused of. This defense is based on a presumption of innocence; thus, the defendant may not be required to prove their innocence, but the prosecution must prove their guilt beyond a reasonable doubt. Your lawyer will challenge the prosecution’s evidence by questioning its reliability. A lawyer can even show that the evidence used against their client was planted by the police or misinterpreted.
Self-Defense
A lawyer can refute your criminal charges by proving that the defendant committed the act in fear of imminent death or bodily harm. Also, the defendant’s use of force was necessary to defend themselves, and they used reasonable force to deal with the threat posed by the attacker. In addition, it can protect you by showing that you did not provoke the attack and that it was the party that attacked first. Also, a lawyer can use eyewitness reports, surveillance footage, or forensic evidence to back up the case.
Duress or Coercion
A lawyer can use the defense of duress when a person commits a crime because they are threatened by immediate and severe harm. However, the danger must be real and imminent, and the person must have believed they would be harmed if they did not comply. For instance, a person who can be robbed at gunpoint and forced to drive the robbers away from the crime scene can use the defense of duress. While the person is criminally responsible for the robbery, they were forced to commit the crimes under the threat of death or severe injury.
Being charged with a crime is a serious matter, and it is essential to have an experienced criminal defense lawyer on your side. Your attorney will help you understand the charges against you and develop a strategy to defend yourself. A lawyer can use defenses like self-defense, duress, insanity, and alibi in your defense.
