Defending Yourself Against a Criminal Charge
How do you put up a defense in a criminal case? In most cases, it is not possible to handle this task without adequate knowledge and expertise. You need a competent criminal lawyer to help plan proper defense and try to avoid conviction, and associated penalties, or at least minimize these.
There are two options before you. You can say either of these two things – you did not do it or you did it, but there is question regarding responsibility.
If you choose the first option, the burden of proof is on the prosecution. You can remain silent or refuse to answer questions under oath, and let the prosecutor try to prove your guilt beyond a reasonable doubt at court. There is no need for you to submit any evidence regarding your innocence.
The US legal system requires the prosecutor to do two specific things – prove your crime and do it beyond a reasonable doubt. This is quite difficult to do. Your lawyer could add to the reasonable doubt factor with proper presentation of an alibi, proof that you were at a different place with another individual at the time of the crime.
You may also utilize one of the affirmative defenses in a criminal case in Florida. In this case, you may admit doing the act, but do not admit responsibility for it. How is this possible? Only a good lawyer can handle such a criminal defense strategy. This is so because the burden of proof shifts to the defendant’s side in such cases.
Here are a few of instances of the use of affirmative defenses.
Suppose you were defending yourself against a threat and you cause injuries to another. Your lawyer can use the ‘self-defense’ tactic in such a case. However, it would not hold ground if the threat and your retaliatory action were not proportionate.
Suppose a government entity induces you to commit a crime. If there was no predisposition on your part to commit the crime, your lawyer may be able to use the ‘entrapment defense’ theory in your case.
Suppose your mental state did not let you understand the consequences of your actions. If it is because of a mental illness, your Miami criminal lawyer may use the ‘insanity defense’. If this was the effects of drugs, there is the ‘under the influence defense’.
Getting a good lawyer is of utmost importance in planning your criminal defense.