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Common Types Of Defenses In Criminal Cases

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By Author: Triana Alvarez
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When a person has been accused of any crime, he/she will have to appear in court. The accused in a criminal case is known as the defendant. Every defendant is allowed to present a defense. For this, they are also allowed to have assistance from a criminal defense lawyer.

Once the defendant is charged with a crime and is arrested, an experienced criminal defense law firm is needed by them to represent in the court. Such law firms include experienced criminal attorneys that typically attempt for finding the weaknesses in the case of the prosecutor, to decide the best strategy as per the case, and for the best possible outcome. By hiring the right legal counsel, it becomes easy to understand the different types of defenses, yourself facing lesser charges, or having them dropped. Some common types of defenses used in criminal cases are:-

The Insanity Defense:-

Insanity is a complete defense of various types of crimes. This type of defense is used by the lawyers to state that the client did commit the crime but did not know what they did was wrong. When a person is ...
... legally insane, he/she is unaware of nature as well as consequences of the actions and consequently cannot form the mental state that is needed to be guilty. For using such type of defense, the defendant must have a mental illness or serious defect at the time when the crime was done. This type of defense is also highly risky, as if the defendant will not be able to prove the insanity, the jury can hand-downs a harder sentence.

Affirmative Criminal Defense:-

It is a type of criminal defense that includes the evidence to prove that the defendant was not available at the crime spot, at the time of the crime. Many lawyers use affirmative defenses to strike down the evidence of the prosecutions by proving or showing that it is false. Such type of defenses includes an alibi to prove that the defendant has not committed the crime as he/she was at the crime spot on that date and time when it had happened. The proof used in affirmative defenses can be in the form of witness testimony, photographic evidence, plane or movie tickets, credit card transaction of any purchase, or any other proof of travel.


It is one of the most common types of criminal defense used by lawyers for their clients. The defense of self-defense is generally used for crimes such as assault, murder, etc. where the violence is used by the defendant for self-defense. Such a type of defense is used to justify that the crime was committed for the protection of the opposite party or attacker. It is mostly used in cases of assault or homicide.

Defense of Necessity:-

Defense of necessity is used by the lawyers of the defendants to prove that the alleged act was carried out by the defendant under some exceptional circumstances. Such type of defense is used by the lawyers of a criminal defense law firm to prove that in the stated scenario, the defendant had no other choice than to disobey the law. As the legal system is highly complicated so hiring a law firm or lawyer can help to have a clear idea of what you are dealing with.

Abandonment and Withdrawal:-

It is another type of criminal defense that is also known as renunciation. Such type of criminal defense states that the defendant was going to commit the crime but then decided to abandon any type of involvement. This type of defense needs proper evidence for proving that the abandonment occurred.

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