Criminal defense attorneys work on many different types of cases. They may help their clients fight to defend their innocence or reduce charges.
This includes arguing provocation, intoxication or mental illness. For example, a defendant might argue they committed a crime out of a reaction to provocation.
Another common defense is duress or coercion. This means someone else forced you to commit a crime against your will.
Defending Against Criminal Charges
As any criminal lawyer knows, the prosecutor must prove your guilt beyond a reasonable doubt. This is a high burden for prosecutors, but your lawyer can help you present a strong defense and reduce the chances that you are found guilty of any crime.
This includes defending against charges that you did not commit the crime you are accused of, or that you did not understand that the actions you took were wrong. For example, under the defense of insanity, you would argue that you suffer from a mental disorder that prevented you from understanding right and wrong, or from controlling your impulses.
Other defenses include self-defense, defense of others, and duress. These are commonly available to first responders such as police officers, firefighters, EMTs and other public servants who perform actions that would otherwise be criminal in nature but which are required in the course of their duties. There are also constitutional and procedural defenses, such as illegal search and seizure, lack of evidence, and failure to read your Miranda rights.
Defending Against Drug Charges
Drug charges are serious offenses that can lead to prison time, expensive fines, loss of driving privileges or professional licenses and even a permanent criminal record. It’s important to hire an experienced attorney right away to improve your chances of a successful outcome.
Criminal defense strategies for drug charges include claiming that you were entrapped by an undercover officer, that police violated your rights during the search or seizure, and that evidence was mishandled or improperly tested. It may also be possible to argue that the drugs were for personal use and not for distribution or trafficking.
A skilled lawyer can often reveal holes in the prosecution’s case. For example, New York state and U.S. federal laws categorize certain substances as controlled and regulated and place them into different schedules that dictate their penalties for possession and trafficking. Depending on the schedule of the substance in question, conspiracy to traffic in it can carry serious penalties.
Defending Against Sexual Offense Charges
A conviction for a sex offense can have life-altering consequences that include prison time, fines and lifetime registration as a sexual offender. It is vital that a person facing sex offense charges understand the serious nature of these crimes and select an attorney who has extensive experience in the area of criminal defense.
Defendants may use a variety of legal strategies to fight sex crime charges, including arguing that there are holes in the prosecution’s case or that evidence was collected improperly. They can also claim that consent was provided or they were not responsible for their actions due to mental incapacity.
False accusations of sexual assault, statutory rape and female genital mutilation can have devastating consequences on a person’s reputation, career and personal life. Reputable attorneys can be instrumental in fighting these false allegations by challenging the accuser’s motives and credibility. They can also question eyewitness accounts by exposing inconsistencies and discrepancies. They can even challenge police lineups and photobook procedures that might have tipped the witness into selecting a particular defendant.
Defending Against Fraud Charges
Fraud charges can carry significant fines and prison time, especially in cases involving wire communications. It is important to hire a criminal defense attorney with experience in defending against fraud charges. They will be able to determine whether there are any holes in the prosecution’s case, such as evidence being gathered in violation of your constitutional rights or entrapment.
A lack of intent is a common defense against fraud charges. This includes arguing that you only committed the crime because of duress or self-defense. It is also possible to argue that you didn’t commit the crime at all because of consent or inadvertence.
There are many other defenses against criminal charges, and each case is unique. However, by choosing an experienced criminal defense attorney who understands how to defend against fraud charges, you will be a step closer to a dismissal or acquittal at trial. A skilled lawyer will be able to identify any weaknesses in the prosecution’s case.
