Common Defenses Used In Criminal Law

Criminal Law

According to Attorney Kevin Moghtanei, criminal attorney at DCD LAW in Los Angeles, you may be able to mount a strong defense to avoid conviction if you are facing criminal charges. Criminal defenses are arguments or strategies that aim to cast doubt on the prosecution’s case or mitigate the severity of the charges.

Common criminal defenses include self-defense, duress, insanity, and lack of intent. An experienced criminal attorney in Los Angeles can help you build a strong defense and protect your rights in court.

Common Defenses Cited In Criminal Lawsuits

Criminal lawsuits are legal proceedings that involve the government prosecuting individuals or organizations for committing a crime. The accused (defendant) must present a defense to avoid being convicted of the crime. Let’s take a look at the common defenses cited in criminal lawsuits:

  • Self-defense

    This defense is used when a person is accused of using force against another person. The defendant argues that the force used was necessary to protect themselves from harm.

  • Insanity

    The insanity defense is used when a defendant claims that they were not in the right mental state to understand their actions or that they did not know what they were doing was wrong.

  • Alibi

    An alibi is an argument that claims the defendant was not present at the scene of the crime when it occurred, and therefore, could not have committed the crime.

  • Consent

    In situations where the crime involves physical contact, such as sexual assault or battery, a defendant may argue that the victim gave consent for the contact.

  • Entrapment

    This defense is used when a defendant argues that they were encouraged or induced to commit the crime by law enforcement, and would not have done so otherwise.

Criminal defenses don’t always result in an acquittal. The burden of proof lies with the prosecution, and the jury must evaluate the evidence presented by both sides before making a decision.

Benefits of Legal Representation in Criminal Lawsuits

Legal representation is an essential element of the criminal justice system. Here are five benefits of having legal representation in criminal lawsuits.

  • Protection of Rights

    Legal representation ensures that the rights of the accused are protected. Attorneys understand the law, so they can protect the defendant from mistreatment or being subjected to unlawful procedures.

  • Expert Advice

    Criminal defense attorneys have a thorough understanding of the law and can provide expert advice on legal matters. They can help defendants make informed decisions regarding their cases.

  • Reduced Sentencing

    Attorneys can negotiate with the prosecution to reduce the charges against the defendant, resulting in a reduced sentence.

  • Investigation

    Attorneys have the resources to conduct investigations and gather evidence on behalf of their clients. This can be crucial in building a strong defense.

  • Peace of Mind

    Legal representation provides defendants with peace of mind, knowing that they have someone on their side who is fighting for their rights and interests.

Criminal lawsuits can be complex and often involve various defenses. You should seek legal counsel to determine the appropriate defense strategy for your case.