April 13, 2018

The Top Five Most Common Criminal Defenses

Being charged with a crime is a life-changing situation. When someone is charged with a crime, consulting an experienced criminal defense attorney is the best course of action to take. Hiring an attorney will increase the chances of a non-guilty verdict or a lesser sentence for the accused.

The following are the top five most common criminal defenses an attorney can argue depending on the details of the case.

1. Self-Defense: This defense can be utilized if a defendant is accused of a violent crime. In this defense, the attorney argues that the defendant committed the crime while defending himself or herself. Self-defense can be considered a legitimate defense if the defendant’s action was the result of a threat to him or her.
2. Consent Defense: This defense argues that although the crime took place, it was the result of consent from the victim. This is often the type of defense that is used in rape and other sex crimes.
3. Insanity Defense: This defense argues that the defendant is insane and that he or she was not in their right mind when he or she committed the crime. This defense also purports that the defendant is not able to distinguish the difference between right and wrong. If this defense is accepted, it can lead to a lesser sentence.
4. Affirmative Defense: This defense requires that the defendant and his or her criminal attorney produce evidence in support of the defense. To utilize this type of defense, the defendant must admit that he or she committed the crime and produce evidence that proves the crime was committed due to a specific situation.
5. Coercion and Distress Defense: This defense is used to argue that the defendant committed the crime due to pressure from another person. The attorney will argue that the defendant committed the crime to protect himself or herself from serious physical injury. It is commonly argued in murder cases when duress is not an appropriate defense.

If you have been charged with a crime, get the help of criminal defense attorney Michael Peter Rubas of the Rubas Law Offices. By focusing on litigation, Mr. Rubas has earned a reputation as an aggressive litigator and problem solver who is extremely responsive to his client’s legal needs.