After an arrest, it's only natural to consider how to fight against the charges. Your criminal defense attorney has multiple defensive moves at hand. To get a better idea of what may be available, read on.
Guilty Till Proven Innocent
In theory, defendants don't necessarily have to prove that they are innocent of the charges. You are considered innocent by default and the prosecution's task is to prove guilt. Being innocent, however, is not always a defense because your defense lawyer has to disprove the state's case against you.
Using an Alibi
This very common form of defense puts in place proof that you were unable to commit the crime because you were not there at the time.
You Felt You Had No Choice
Self-defense means you were in fear of your life and had to take defensive actions. Here, the state will try to show that you were not necessarily threatened or that you used too much force to prevent any potential violence.
Your Rights Were Violated
Also known as "getting off on a technicality", this often means that your constitutional rights were infringed upon. For example, you might be able to show that a search carried out by law enforcement was unwarranted and illegal or that you were never read your Miranda Rights. It's worth mentioning that these types of defenses may result in the exclusion of important state's evidence rather than any charges being dropped.
The Insanity Defense
This form of defense is used very seldomly because to do so, you must first admit that you committed the crime. It's also difficult to prove that you were unable to distinguish right from wrong at the time of the crime.
You Made a Mistake
While being unaware of the law is no defense, what appears to be a crime might just be a misunderstanding. For example, you might have been arrested for driving a vehicle reported as stolen, but you thought you had permission to use it.
You Were Coerced
In rare instances, some defendants may be able to show that they were coerced into committing a crime. Take a gang-related assault, for instance, in which the defendant felt they had to protect their family by taking part in a crime.
The above are some of the most common of all possible defenses, but there are more. Speak to a criminal defense lawyer about your case to find out more and to work on your defense.