4 Common Criminal Defense Strategies

Chances are, if you have been charged with a crime, you have already started your search for a criminal defense lawyer. There are so many things to think about when it comes to the seriousness of your charges, the upcoming trial, and more. Something that will make the biggest difference in your case is your defense strategy.

Every criminal defense lawyer will have a variety of legal strategies to choose from when defending someone who has been accused of a crime. However, every criminal defense lawyer, client, and case will be different. As such, the defense strategies a lawyer chooses in the defense of a certain case will need to be shaped to fit the distinctive conditions of the client and the case.

criminal defense lawyer specializes in defending individuals and corporations charged with crimes such as:

  • Domestic Violence
  • Juvenile crimes
  • Sex crimes
  • Fraud
  • Drug crimes
  • DUI/DWI

Defense lawyers specialize in areas of expertise and will always take the appropriate steps to defend the accused in the best manner. That said, there are some common legal defense strategies used by lawyers when defending people or corporations charged with criminal activity, such as the following:

  • Self-Defense
  • Inconsistency from a witness
  • False confession
  • Police misconduct
  • Entrapment
  • Reasonable doubt

Self-Defense

Can someone use physical force on someone else to defend himself/herself? Can someone use physical force to defend a third person who was presumed to be in danger? Yes. However, the claim may not always stand in court if the individual who is making a claim of self-defense was the aggressor in the beginning.

An affirmative defense is one that involves proving one’s innocence by presenting evidence. Self-defense of self, others or property, is an example of affirmative defense because one must prove innocence by providing evidence. It is important to make sure one’s defense is strong enough and meets the requirements that have been set for self-defense claims.

Entrapment

Entrapment refers to a situation that involves an individual being persuaded or induced to commit an offense by the arresting officer so evidence can be obtained to prosecute that person. Defendants will need to offer evidence that they were not predisposed to commit a crime. Even if inducement or persuasion has been shown, predisposition is critical to an entrapment defense.

Entrapment prohibits a conviction when it can be shown that the defendant had no intentions to commit a crime, and that the crime was only committed because of persuasion or coercion from law enforcement officials. Law enforcement officials are able to create opportunities for a suspected criminal to commit a crime, but the police do not have the right to manufacture a crime.

Police Misconduct

Unfortunately, it is not a surprise to discover that some law enforcement officials will go the extra mile to exaggerate facts or participate in any type of misconduct throughout the course of an investigation. Misconduct by law enforcement officials occurs when law enforcement officials do the following:

  • Make false statements in regard to testimonies and reports
  • Improperly handle evidence
  • Pressure an innocent person to admit guilt

If someone is on the wrong end of police misconduct in Minnesota, one should consult with a Minnesota criminal defense lawyer.

Reasonable Doubt

The standard proof in any criminal case is referred to as proof beyond a reasonable doubt. What does this mean? This means that in order for a defendant to be convicted in a criminal trial, a jury will need to believe that the prosecution has provided evidence that is so captivating that they believe no one else could have possibly committed the crime. Reasonable doubt is one of the most common defense strategies that a criminal defense lawyer uses.

Creating Your Defense

Being accused of a criminal offense is both frightening and overwhelming. It does not matter if what outcome you may think you will receive, you are encouraged to seek legal counseling. The faster you consult with a criminal defense lawyer, the better your chances are in your case. Whether you are facing light penalties, harsh penalties, a short jail sentence or a long jail sentence, you should definitely consult with a criminal defense lawyer to represent you.

Every criminal case is not going to be the same, but your criminal defense lawyer will learn the facts of your case and create an argument in your favor. Here is how you can benefit from hiring a criminal defense lawyer:

  • Your criminal defense lawyer will have the legal knowledge that is needed for your specific case
  • An experienced criminal defense lawyer will know how to navigate the legal system
  • The lawyer’s knowledge of the system can result in having your penalties reduce or your sentence lowered
  • The legal counsel and experience of a criminal defense lawyer can provide you with the support you need during this troubling time

Hiring a Criminal Defense Lawyer

We understand how frightening it can be when you are accused of a criminal offense. It can certainly be frustrating when the other party wants to send you to jail, and they have the resources to make it happen. The entire legal process and criminal process can be mind-boggling and overwhelming, especially if you have never been in this situation.

If you are charged with any type of criminal offense, we encourage you to seek legal assistance. Regardless of what crime you are suspected of committing, hire a criminal defense lawyer who is dependable and experienced. Your criminal case is different, and it needs to be approached with the proper strategies and legal protocols.

An experienced criminal defense lawyer will have the proper experience and skills to build a solid defense case. Your criminal defense lawyer will prepare ahead of time to ensure to prosecution is encountered and you are properly defended. Hiring a criminal defense lawyer can remove some stress and confusion you are experiencing during this time.

Unless you are an expert in the legal system, taking on your case alone is not something we would advise. At Villaume & Schiek, P.A., we will advocate for you and ensure your voice is heard. If you have been charged with a crime, whether it is minor or major, please contact our law firm today at (952) 851-9500 for a free consultation.


Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individualsituation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.