Common Types of Criminal Defense Strategies

When you’ve been charged with a criminal offense, it’s easy to feel as if your life is over. People automatically assume that you’re guilty and will be served with a penalty. You may even be encouraged to take a plea deal just to finish your legal limbo faster.

However, just because you’ve been charged with a crime does not mean that you will be found guilty. If you have a good criminal defense lawyer at your side who knows good defense strategies, you have a chance of turning the case in your favor. 

Here are some criminal defense strategies that you and your lawyer might decide on, depending on the case. 

Challenging the Facts of the Case 

One of the simplest criminal defense strategies is to challenge the facts of the case that were built against you. The prosecution will argue that the details of the case mean that you are guilty, and your defense lawyer will present an alternate version of the case that argues that you are innocent. They will argue that the facts the prosecution lays out do not represent the truth of what happened.

Your lawyer will try to build a case for your alibi, which means proving that you weren’t at the scene of the crime. A law office like AnneMarie Odom Law, which has years of experience, can challenge the facts of the case successfully. If you aren’t able to establish an alibi, they can challenge other evidence against you. 

Even if you aren’t able to outright challenge the facts of the case, challenging their credibility is still a good defense strategy. Your lawyer can present alternative interpretations that challenge the prosecution’s narrative or cast doubt on their credibility. 

Remember that in a jury trial, the burden of evidence is on the prosecution to prove that you are guilty beyond a reasonable doubt. You don’t have to build a complete narrative to counter the prosecution but cast enough doubt on their version of events. 

Procedural Challenges

When police and prosecutors gather evidence in a criminal case, they are held to high standards regarding how they gather this evidence. If they have evidence against you that they did not gather properly, your lawyer can prevent them from presenting this evidence in court.

One common procedural argument is probable cause. Let’s say that you were stopped arbitrarily on the street and a police officer found illegal objects in your possession. Although you may be guilty of a criminal offense, your lawyer can argue that since you were stopped without probable cause, the case against you is invalid. 

Another procedural challenge that your lawyer can lodge is against physical evidence. If police searched your home or car without a warrant or without probable cause, then the evidence legally cannot be used against you. 

Your lawyer can also build a defense if your rights were violated during your arrest or interrogation. Although the United States has laws on the books that are supposed to protect people from police abuse of power, those laws are often violated. If you think your rights have been violated, tell your lawyer immediately so they can use it in your defense. 

Arguing About Your Mindset 

If the facts of a case are stacked against you, that doesn’t mean your defense lawyer doesn’t have any more strategies at your disposal. They can argue that your mindset wasn’t one of intentional criminality, which can lead to a lesser penalty or even exoneration.

One common mindset defense is challenging the willingness of the defendant. This is usually used in cases where you are accused of being an accomplice in a criminal act. Your lawyer may argue that you were not aware that you were being asked to engage in criminal activity, or that you were coerced or misled. 

Your lawyer can also argue that you had a credible fear of harm coming to you and that you acted in self-defense. This defense strategy is more effective in certain cases and jurisdictions. 

In extreme cases, your lawyer may argue that you were unable to comprehend that what you were doing was wrong because you were mentally unfit. Lawyers using the insanity defense will argue that their clients are unable to stand trial for their actions and cannot be punished with typical penalties.

Paths to Freedom in Criminal Defense Cases

All is not lost when you’ve been charged with criminal offenses. There are many strategies that you can use to prove your innocence, from arguing self-defense to establishing an alibi.

No matter what strategy you use, you need to have an experienced criminal defense lawyer by your side. A good lawyer will help you figure out which strategies are best for your case and prepare your defense.