Types of Criminal Defense

In the American Legal system, someone accused of crime is considered innocent until proven guilty. This means that the burden of proving the guilt of the accused falls on the prosecutor. This also means that the accused is entitled to a defense of his or her actions. There are many different types of criminal defenses. Some of the more common defenses are insanity, automatism, intoxication, mistake of fact, and self defense.

Insanity is one of the more often dramatized criminal defenses, however in reality it remains one of the most difficult to prove. When one pleads “not guilty by reason of insanity” their lawyer aims to prove that their mental state at the time led to a lack of understanding of the wrongfulness of their actions. If one is found “not guilty for reason of insanity,” the accused may be instead sentenced to treatment in a medical facility.

Another common type of criminal defense is self-defense. In cases of self-defense, the accused aims to prove that whatever criminal actions were taken were necessary to protect themselves. It is important that the actions taken were proportional to the threat. Id this is proven, their actions are not considered criminal and they face no punishment.

A third common criminal defense is duress. This means that the accused was forced to commit an unlawful act because of a specific threat to their life or threat of serious injury. They must have been ordered to commit this specific crime or face specific consequences.

According to the website of Lewisville criminal lawyer Alexander and Associates, depending on the severity of the alleged crime, an accused suspect may face time in prison, hefty fines, and years of probation as a direct result of a criminal conviction. These severe consequences lead many accused to seek the best defense possible should they find themselves accused of a crime. Should you find yourself accused of criminal activity, contact a criminal defense lawyer in your area.

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