The Various Forms of Criminal Defense
If a crime has been committed and you are accused of said crime, you will have to make an appearance in court in which case you will be the defendant. The defendants criminal defense attorney has the job of preventing a guilty verdict from being reached. The defense used by the criminal defense lawyer is a planned argument which attempts to disprove the validity and sufficiency of the prosecutions evidence. The prosecution is the side trying to prove guilt.
We are going discuss the various forms of criminal defense, as there are a few different types that people should be aware of. To begin, lets start with coercion and duress. This is essentially meaning that the defendant was forced to commit the crime in fear of violence directed towards them. The threat of violence does not actually have to occur, the threat in itself is enough to use this tactic in a defense.
Another form of defense used is abandonment and withdrawal, which is also referred to as renunciation. In essence, this defense is chosen by a criminal attorney when you were going to be involved or an accomplice in a crime, but then decided to abandon any participation in it. For this to work, the actions prior to the defendants withdrawal in no way could have contributed to the crime itself.
One popular form of defense, made notorious by the various stories we’ve heard, is the insanity defense. This is not actually used all that often, nor is it always that successful when used. It basically states that when the crime was committed, you were not able to acknowledge the fact that what you did was wrong. The reason it is often not used is that in order for it to be successful, you must have a serious mental illness at the time the crime was committed.
Affirmative defenses are those that attempt to falsify the prosecutions evidence by showing that it is false, inaccurate, or insufficient. Of course, evidence on behalf of the defendant must be produced to prove why the prosecutors evidence should not be considered. This option is only available obviously if it appears the evidence can be falsified, so its use is limited.
Self defense is a common argument for what usually ends in violent crimes. This defense states that the defendants actions, which would otherwise be considered criminal, were needed to protect themselves. Similarly,
the defense of consent acknowledges that the defendant is guilty of some action but the action was consented to by the victim. An example to this is consent to bodily harm, such as a boxing match.
The defense of intoxication will not necessarily prove a defendants innocence, though in certain situations it can negate the element of a crime. It goes along with the insanity defense, the defendants mind was not in a reasoning and rational state. Therefore, they were not aware of the crimes in which they were committing.
The last type of defense we will mention is the defense of the statute of limitations. This defense is used when the amount of time the prosecution has to bring the charges against the defendant has passed. Since the time frame in which the crime can be charged has passed, the charges themselves must be dropped.
If you are searching for Criminal lawyers in Boulder Colorado, please contact the The Clark Law Firm. Phil Clark and his team will work hard to ensure you have the most comprehensive defense available.