Common Minnesota Criminal Defense Charges and Defenses

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Minnesota Criminal Defense Lawyer

If you have been accused of a crime, you are going to need a criminal defense lawyer, no matter what you did. Your lawyer will work with you to come up with a plan to keep you out of prison. If that doesn’t work, he or she will work hard to get your charges reduced so that your sentence is shorter.

When you go to meet with a criminal defense lawyer, you might be wondering what that really means. There are a lot of different charges that criminal defense lawyers fight so you might not be sure what to expect.

Here are some of the common criminal charges that your lawyer may be used to dealing with.

  • Assault and battery.
  • Drug crimes including possession, along with buying and selling.
  • Juvenile crimes.
  • Child abuse and abandonment.
  • Disorderly conduct.
  • Disturbing the peace.
  • Sexual crimes including sexual harassment, prostitution, pornography, and rape.
  • Domestic violence.
  • White collar crimes including fraud, embezzlement, and money laundering.
  • DWI or DUI (Driving while intoxicated or driving under the influence).
  • Robbery.
  • Weapons charges.
  • Manslaughter and murder.
  • And much more.

Once you have met with your lawyer, he or she will discuss your charges and what they mean. At that time, you will begin to devise a defense (otherwise known as a plan).

Here are some defenses that you may have to consider.

Lack of evidence.

One of the most commonly used defense is the lack of evidence. If there is not enough evidence to convict someone, your lawyer might be able to get your case dismissed. If not, your lawyer may help you get a decent plea bargain because there is simply not enough evidence to prove that you did what they accused you of.

Lack of intent.

If your lawyer uses a lack of intent defense, you have to prove that you didn’t really know what you were doing and what was going to happen.

When you use a lack of intent defense, the prosecutor has to prove that the opposite was true. You knew exactly what you were doing and, even though it was illegal, you did it anyway. It can be really hard to prove.

Affirmative Criminal Defense.

When you are using an affirmative criminal defense, you are trying to prove that you didn’t commit the crime, even though some of the things that the other side is saying is true. You aren’t trying to prove that the crime didn’t happen. Instead, you are trying to prove that you weren’t there.

You are going to need an alibi witness to testify on your behalf that you were not at the crime scene and there is no way that you could have done the alleged crime.

Coercion and duress.

When you are using coercion and duress as your defense, you are admitting that you were forced to commit the crime because you were threatened with unlawful force. This can be tricky to prove because the force doesn’t have to occur for this defense to work. The threat is often enough to make you do something that you ordinarily wouldn’t do. The threat doesn’t even have to be against you. It can be against someone you love and that is enough of a reason for you to go along with the plan.

Entrapment.

Entrapment is similar to coercion and duress. You have to be able to prove that you wouldn’t have committed the crime, unless you were forced to do so.

Abandonment and withdrawal.

When you are admitting to abandonment and withdraw, you are admitting that you were going to commit a crime (or be an accomplice) but you decided not to. You are going to have to be able to prove that you dropped out before the crime was committed. One of the best ways to show this is if you called the police before the crime happened.

Self-defense.

Self-defense is often used when a person has to protect him or herself, along with their property. They might hurt someone because they felt threatened. They defended themselves against another criminal.

Self-defense is commonly used when a person is hurt when they are trespassing, burglarizing somewhere, or even attacking someone for no reason. The person has a right to fight back and protect him or herself.

Statute of limitations.

Statute of limitations limits the amount of time that a person has to bring charges up. If they wait too long, the charges will get dropped. Because of this, most crimes should be filed as soon as you can. If you wait, the charges may get dropped due to the amount of time that has passed. You can’t be charged for crimes that you committed years ago.

The Insanity Defense.

Though this is a popular defense on television, the truth is that it is not very commonly used in real life. When it is used, it is often not successful.

When you are trying to prove insanity, you are admitting that you did commit the crime, but you didn’t realize that you were doing anything wrong. The only way that this holds up in court is if you already have been diagnosed with a mental disease or defect.

However, it can be a risky move because you are admitting guilt and you could be punished for it if you lose in court.

Because there are so many different charges and defenses that you could use, you really need to hire a lawyer as soon as you realize that you are going to be arrested. By hiring an experienced lawyer, you are going to have someone on your side, fighting every step of the way.

Your lawyer will be invaluable during this time. Not only will he or she help to explain your charges and what they mean, but he or she will also help you come up with the right defense so you have the best chance of winning.

Contact Villaume & Schiek Today To Speak To An Attorney

Contact us for all of your legal needs. We will be glad to help you through this difficult time, coming up with a defense that works best for your case.