Common Defense Arguments of a Criminal Defense Attorney
Coercion is the most common defense against criminal charges. This argument requires that the defendant was coerced into committing the crime by a force that was unlawful. The force need not be physical threats may satisfy this requirement. Coercion can also be used against other criminals. A threat of force or coercion may suffice to satisfy the defense against coercion if the defendant is forced to commit the crime by a spouse, parent, or other loved one.
Keeping lawyer-client confidentiality
Most defense attorneys argue against attorney-client confidentiality by arguing that it is ethical not to disclose information about clients. This is not always the case, however. Sometimes, attorney-client confidentiality is compromised by situations involving human life, criminal conduct, or other issues of integrity. In such cases, the attorney could be legally obligated to share information. The only way to avoid this is to retain a separate lawyer for the case.
Coercion
The coercion argument is one of the most popular arguments that defense attorneys present. This defense is used when a person commits an offense out of fear of reprisal. Coercion refers to the threat to harm another person in an attempt to get them involved in the crime. It is also a defense for those accused in crimes committed in self defense. Coercion refers to the use of threats or intimidation to force someone to do something.
Duress
Your client’s defense begins with proving duress. The judge and jury will analyze the circumstances surrounding the incident to determine whether the defendant was reasonably afraid of harm. If a gun is pointed at a defendant’s head, the defense will fail unless the victim had a reasonable fear that the threat was true. If the defendant could have taken other actions, the court will rule against the defense.
Lawlessness
An important part of a defendant’s case is the mistake of law defense. A defendant may claim that they did nothing wrong if they are charged with a crime that they did NOT commit. This defense is particularly useful when the accused doesn’t know how the law works in his specific city or state. This defense is not a very good option, however.
Error of fact
A mistake of fact is an assertion that the criminal defendant acted in a wrong manner or was unaware of a fact. If the mistake was legal, it will negate an aspect of the crime. It must also be reasonable and seem reasonable to a judge. These are the most common defenses a criminal defendant can use. A defense attorney may use the following examples of errors of facts.
Insanity
Insanity defense is one of the most popular arguments used by the prosecution in criminal cases. In most cases, the defendant cannot be convicted of a crime because of his or her insanity. This defense has a long tradition. It has been successfully used by defense lawyers in many criminal cases since its introduction. Whether a defendant is guilty of a crime depends on the circumstances. Insanity can be a defense to a crime, but it is not a reliable defense to a conviction.