The criminal lawyer defends their client in court who has been charged with a criminal activity that can range from a misdemeanor to a felony. If convicted their client could pay a fine, do community service, serve years in prison, or perhaps obtain the death penalty. It’s the work of the criminal defense attorney to either obtain their client acquitted or receive them the lightest sentence possible.
To achieve this, criminal defense attorneys can use several defenses:
Affirmative criminal defense
Some Detroit criminal defense lawyer will attempt to minimize the prosecution’s proof by demonstrating it is not correct. In this defense, the lawyer, together with their customer produce evidence in support of the defense. By way of example, if the defendant is charged with first-degree murder, meaning the customer planned the murder before occurred, they may choose to supply an alibi witness. This is somebody who testifies that the defendant could not have committed the crime and gives them an alibi for the time the murder was committed.
This defense which was made popular by movies and tv shows. Unfortunately, it is a defense that’s not frequently used or frequently profitable. When DUI criminal defense lawyers use this defense it states that their client did commit the crime but didn’t know what they did was wrong. To use this defense successfully that the client will have to have a significant defect or mental illness at the time the offense was done. It may be risky to rely on this defense because the client is admitting to the crime but if the jury doesn’t believe the client is insane they can find you the customer guilty and hand-downs a more challenging sentence than they might have if they had not used this defense.
Coercion and Duress
This is an affirmative criminal defense lawyers used that states that their customer was forced to commit the crime due to being threatened with criminal force. The force does not really have to occur. . Just the threat can be sufficient to satisfy this form of defense. This threat doesn’t need to be against their client. It could be against somebody else like a relative. This defense can’t be invoked if their client’s reckless actions put them in the situation that resulted in duress.
General criminal defenses
- Self defense-this says that their client’s actions are considered criminal if the action was not necessary to shield themselves
- Status of limitations-this is when criminal defense attorneys state that the amount of time the prosecution must charge their customer with the crime has elapsed so the charges have to be dropped.
- Consent-it acknowledges you did commit the crime but the victim agreed to it.