Accused of Crime – Know Different Options for Your Defense

Bringing a charge of crime against someone cannot be equated with convicting a criminal defendant; the prosecutor must prove the allegation against the defendant beyond any reasonable doubt in order to convict the person. The defendant is allowed to produce defense in his or her support. Different types of defenses are available to prevent the ‘GUILTY’ verdict. This article gives a guideline about the types of defenses available to you in order to refute or reduce the charge against you.

Usually, the defendants try to prove their innocence by simply claiming that they did not commit the crime in the first place. They might come up with a claim that someone else actually did the alleged act of crime or no crime happened at all. For example, a criminal defense attorney in Rochester, NY asserting that no crime took place might take a stand that witnesses’ versions of the alleged crime are not true or his/her client’s actions does not have all the elements that must be present in a criminal offense.

Here are a few more concepts within the realm of “did not do it” stand by the allegedly at-fault party:

  • The Presumption of Innocence
  • Alibi

What Role Does the Presumption of Innocence Play in the Scenario?

No one, accused of crime, is convicted of crime until the allegation against the defendant is proved beyond any reasonable doubt, whether it comes through the plea or way of trial. This presumption places a burden on the prosecution to present the case in a way that convinces the jury. A defendant may choose to parse his or her lips and present no witness and then point out the prosecution’s failure to prove the case. Most often, the defense lawyers present their witnesses to counterattack the prosecution’s case.

The prosecution attorney must present evidence and witnesses to prove the defendant’s alleged involvement in the crime “beyond any reasonable doubt”. The burden of proof obliges the jury to act with certainty about the defendant’s crime. With the opposition strapped with such a heavy burden to neutralize the prosecution’s argument, the defense lawyers often try to convince the jury that “being convinced” without any convincing proof that the defendant was involved in the criminal act is not enough for the client’s conviction.

What Does It Mean by an Alibi?

An alibi defense comes with evidence that the defendant was not present at the crime scene when the crime was committed.

The Defendant Committed the Crime,  But

Sometimes an acquittal is the verdict despite the prosecutor showing that the defendant, without any doubt, actually did it. “Excuse Defenses” are available in different forms, a few  of which are listed below:

When is Self-Defense Applicable?

Usually the defendant alleged with the  criminal act of violence, such as murder, assault play on the line of self-defense. The defendant does not deny the charge but justifies the action by asserting that it was only in response to the other party’s threats or violence.

Final Words

If you face a criminal charge, talk to an experienced criminal defense lawyer. A knowledgeable attorney will be able to explain the applicable law, which depends on your jurisdiction, and defend your rights.