Letting Attorneys Help You

Defensive Maneuvers And Reasonable Doubt

23 November 2020

Dolores Rice

If you have been arrested for a crime, you could be facing a host of punitive actions that might even include incarceration. It's vital that you understand the scope of your situation and take aggressive action to avoid the worst of punishment. You might be cleared, offered a plea deal, or be convicted. It's all up to you and your lawyer's ability to prove that you did not break the laws with which you are charged. To find out more about creating reasonable doubt in the eyes of the law using three common defensive maneuvers, read on.

Alibi Your Way Out of It

You couldn't have committed that crime because you were nowhere near the situation at the time. That is the basis of the most-used defensive strategy available. Certain elements have to be present, though, for it to be effective. Unfortunately, things are not always clear when it comes to using this form of defense. The state may try to show that you hired someone to do the crime (and that is also a crime) or that you were able to leave your alibi location long enough to commit a crime. Your goal is to produce convincing and credible evidence that removes all doubt from the case.

You Did It – But You Had To

Self-defense is another oft-used strategy and it can be challenging to show that you had no choice but to act in your defense. This defense is used when bodily harm comes into play and that can always be tough to defend against. All states allow people to protect themselves but you have to show that you were in danger of being hurt and that you had no choice – that nothing else but the action you took would have prevented violence against you. Finally, whatever action you took has to be appropriate to the level of threat. That is, just enough to stop the person and nothing more.

The Insanity Defense

If any form of defense could be considered infamous, it might be this one. It is also the most misunderstood defense. No state uses the word insane because there are no legal definitions for it. Rather, it's often referred to as not being of sound mind or other terms. It all comes down to this: Did the defendant fully understand the ramifications of their actions at the time the crime occurred? Even when you are found not to be cognizant of your actions, some punishment is still likely in the form of court-ordered stays in mental hospitals and more.

To find out how your attorney will attach the state's case, speak to a criminal defense attorney about your case today. 

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