You Need a Defense Attorney If You Have Been Accused of Murder

You Need a Defense Attorney If You Have Been Accused of Murder
October 11 09:03 2017 Print This Article

If you have ever been accused of some types of crimes, you have to appear in front of a judge. This is because you are the defendant. So as the defendant, you and your criminal attorney will have to create a sort of criminal defense in order to prevent a verdict of guilty.

Strategic argument

A criminal defense is an argument – a strategic argument that will try to challenge the rationality and also is sufficient enough to be stronger then the prosecution’s evidence. The prosecution is the side that will be trying to prove the criminal charges against you.

Evidence

Some criminal defenses attempt to bring down the prosecution’s evidence by proving that it is not true. But, there are a number of types of defenses that accept some of the prosecution’s evidence as being true. These defenses are referred to as affirmative defenses.

Defenses

Affirmative defenses need to prove that the defendant, along with the criminal defense attorney, will produce evidence to support the affirmative defense.

Example

Let’s show an example – let’s say that you have been accused of first-degree murder. First-degree murder is murder that you planned beforehand. You and your attorney might choose to produce an alibi witness. An alibi witness is the person who will testify that you couldn’t have committed the alleged crime. In this example, the defense is an alibi.

Defense

The type defense that you and your attorney choose to follow will partially depend, on the crime you are accused of, as well as the evidence to prove you committed the crime.

Insanity defense

Although on TV the insanity defense is used often, but in real life this is not actually true, and if it is used it often fails. This defense maintains that you committed the crime but didn’t know that what you were doing was wrong.

Successful defense

To use this defense successfully, you must be able to show that you have a severe mental disease or defect at the time the crime was committed. You and your lawyer must present clear and convincing evidence that you are mentally ill or have a mental defect and this is the reason you committed the crime.

Dismissed

Oh, on the example of you committing first degree murder – your alibi was true and the case was dismissed.

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David Schantz
David Schantz

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