Criminal trials can be complicated, and defendant’s lawyers often take various approaches in order to subvert the prosecution’s case. If a person is charged with a crime, then it is the job of their defense attorney to leave no stone unturned in looking for ways to potentially have the charges dropped or at least mitigate the punishment that is imposed, explains Fassio Law. The defense can focus on innocence or challenging the evidence or claiming procedural irregularities. Among the most common defenses in a criminal trial, here are few that must be taken care of.

1. Innocence

A confession of innocence is the most basic defense in a criminal matter. This defense is commonly employed when the evidence against a defendant is weak or when they have an alibi. The same can be said if the defense provides evidence which disproves what the prosecution is saying, such as witnesses or videos or whatever sinus of proof shows that the defendant could not have possibly done it.

2. Self-Defense

Self-defense is one of the most frequently encountered defenses in criminal cases, particularly assault or homicide cases. In this defense, the defendant claims that he/she had to use force in order to defend themselves or other individuals from being harmed very near in time. The event of defence can only be prudent when the protection amount is rational & moreover directly proportionate to the danger. If it is determined that the defendant used excessive force in defending himself, or if he could have safely escaped from the scene of the incident, then a claim of self-defense may not be viable.

3. Insanity Defense

The insanity defense presumes that at the time of the crime, defendant was mentally unstable and therefore incapable of forming intent. In the case of an insanity defense, if a defendant can show that they were experiencing a severe mental illness or defect and were incapable of knowing the nature of their actions or understanding right from wrong, they may be found not guilty by reason of insanity.

4. Alibi

An alibi defense consists of evidence that the defendant was elsewhere when the crime was committed, so it would be impossible for the defendant to have committed the offense. The defendant could offer witness testimony, a video recording or other evidence that they were not at the crime scene.

The alibi defense becomes a reasonable doubt as to the defendant’s participation in the crime, such as if someone is being accused of breaking but can prove via witnesses or video footage that they were at work during the time when the break-in occurred.

5. Consent

The act of consensual nature may not be so obvious when the criminal case that finds itself in front of a jury is one where sexual assault or battery claims have been made, even though the claim was by the alleged victim. That said, it is consensual and then there is coerced consent, which may not be a thing if the person could not give consent due to intoxication, age in case of minors, or mental capacity. A defense at trial that can be used is evidence that the sexual encounter was consensual or other evidence of a person showing their consent to the act through behavior.

The defense is a strategy used to protect the client from criminal charges. The defense is by its nature case-specific; it can show a lack of guilt, establish proof, or provide mitigation such as duress or mental illness. By learning more about the common defenses raised during criminal trials, those facing charges can better use the above information as they work with their attorney to craft a strategy for his or her case.