Criminal Defense

What You Should Know About Criminal Defense

criminal defenseToday we’ll talk about criminal defense and the attorneys that represent defendants. Once you have been accused of a crime you will have to appear in court and establish a plead. As a defendant, you are the individual accused of the crime, and both the defendant and the attorney have to collaborate and come up with the defense. A criminal defense is a strategic argument that attempts to decline the chance of prosecution. The prosecution is the part of the system that is trying to prove you guilty of a crime.

Some criminal defense attempts are stricken down quickly and are proven to be false. The first type of defense that we will talk about is an affirmative defense, which requires the defendant along with the attorney to produce evidence that supports the defense. The defense you choose to utilize depends on the crime you are accused of, as well as what evidence you have to back up the defense you are going with.

The next form of defense is the insanity defense, which has been made popular due to its frequent rate of success. The insanity defense essentially says that the individual accused of the crime is not mentally competent enough to know that their actions were wrong. Using the insanity defense during a court case is risky. Clear evidence must be provided to support the fact that the defendant suffers from a mental disorder, and suffered from this disorder at the time of the crime. The last type of defense is coercion and duress. Coercion and duress is a criminal defense that basically states that someone forced you to make an unlawful action or to commit the crime you are undergoing trial for. For this defense to be viable, you will also need sufficient evidence showing that you had no say in the crime you committed.

In conclusion, there are many different forms of criminal defenses that can be used in a court hearing. Other types of criminal defenses include self-defense, consent, and the statute of limitations. All of these types of criminal defenses are subject to the amount of evidence you can bring to the case. For more information on criminal defense, we suggest venturing online and completing a little research to better your knowledge on the laws in your area. Having a vast amount of knowledge can help you should you ever need to use a form of defense.

What to do if you’re charged with a Crime in Alaska

criminal defense law

Without laws there would be chaos. But as our world is not perfect, neither are our laws. Sometimes a person is accused for breaking the law, but that person is not as guilty as he seems to be – he simply didn’t have a choice. Here’s which defenses you can use if you’re charged under those circumstances.

Defense of Necessity

The defendant can raise this defense if he alleges that his acts were done under “exceptional circumstances”. This means that the defendant had no other choice, but to act against the law. There is a general set of criteria by which courts consider would that defense be viable. Some of them include the claim that the act was committed to avoid an unlawful act of greater number of casualties or damage, or if the act was committed in a situation where no legal solution was possible.

Defense of Duress

This defense is used when the defendant claims that the act committed under compulsion by another person, where the accused was threatened with physical punishment for noncompliance. Threats could have been made to both the accused or someone the accused is close with, such as family members or friends. The defense is mostly used if the threats wore much greater casualties than the committed unlawful act. For an example, someone threatened that he’ll kill one of your friends if you don’t rob a jewelry store.

Self Defense

Used mostly in cases of physical assault or murder. The defendant alleges that he committed the unlawful act to defend himself. If the case is about homicide, the authorities must investigate if the aggressor would have killed the defendant if the defendant didn’t use force. However, in most courts, the act of self defense needs to be nothing more than warding off the aggressor.

“It is important to have an attorney on your side who understands the laws, the state prosecution, and the county judges. Self defense is often a futile effort and seeking the aid of a public defender will often result in a much longer sentence and harsher charges” – Dattan Law Firm Anchorage Criminal Defense Lawyer

Defense of Automatism

It’s used when defendant claims that he, or she, lacked control over his, or her, acts, and cannot be responsible for his actions because of that. That means that the accused was didn’t have control over his actions, as if the accused was deluded, provoked, incapacitated or severely mentally disabled. There are differences between insane and non-insane automatism. The authorities recognize which automatism is in question, and gives the appropriate sentence – accused is referred to a psychiatric in the case of insane automatism, while the person charged for unlawful act while being diagnosed with a non-insane automatism is given a milder sentence than if it would be if the accused was not diagnosed with a non-insane automatism.