What Are Some Common Defense Strategies for Criminal Defense Cases?

Facing criminal charges is always daunting, but understanding the various defense strategies available can provide clarity during this challenging time. Whether you were wrongly accused or caught in unfortunate circumstances, the different ways an attorney could defend you in court depend on the details of your case.

Alibi Defense

When you cite an alibi in your defense, you claim you were not present when the alleged offense occurred, showing you couldn’t have committed the crime. Your attorney can support your alibi by gathering concrete evidence like witness statements, video footage, or digital records to establish your presence elsewhere.

This strategy hinges on the strength of the evidence that can pinpoint your location at the relevant time. Your lawyer might use time-stamped receipts, cell phone records, or testimony from credible witnesses to build a solid alibi.

Self-Defense

In a self-defense claim, you acknowledge that you committed the act but argue it was necessary to protect yourself or someone else from imminent harm. Your attorney will need to demonstrate that you genuinely believed you were in danger of being hurt and that the force you used was appropriate under the circumstances.

This defense involves detailing the threat you faced, showing you had no safe way to retreat, and proving that your response was a necessary and proportional reaction to the danger. Your lawyer might use witness testimony, medical reports, or other evidence to paint a clear picture of the threat and your response, aiming to show that your actions were justified.

Innocence

Claiming innocence involves stating that you simply did not commit the crime. Your lawyer will aim to discredit the prosecution’s evidence. This can include pointing out inconsistencies in witness testimony, errors in the investigation process, or presenting new evidence that points away from you. They may also make a point to focus on your character and things in your life that paint you incapable of committing such a crime.

This type of defense aims to create reasonable doubt in the jury members’ minds about your involvement. To that end, your attorney might bring in expert witnesses, use forensic evidence, or highlight flaws in the prosecution’s arguments to strengthen your claim of innocence.

Constitutional Violations

This strategy involves your attorney arguing that the evidence against you was obtained in a way that violates your constitutional rights. Examples include evidence from illegal search and seizure, arrests made without probable cause, or interrogations conducted without informing you of your rights.

If your lawyer can successfully prove a constitutional violation occurred, the judge might rule that the evidence is inadmissible in court. This can significantly weaken the prosecution’s case, especially if the dismissed evidence is pivotal to their argument.

Coercion or Duress

For this defense strategy, the argument is that you committed the crime because someone else threatened you with severe harm or death. Your lawyer must show that you were under an immediate threat of harm, which would have been more significant than the harm caused by the crime.

This defense requires proving that there was no reasonable opportunity to escape the situation and that the threat was immediate and real. Your lawyer’s strategy might involve presenting evidence of the threat and the circumstances that made it impossible for you to avoid committing the crime.

Contact a Criminal Defense Lawyer in Akron

Are you facing criminal charges in Akron, Ohio? The DiCaudo, Pitchford & Yoder team can help you explore your options and build a strong defense. Contact us today for a free consultation. Your fight is our fight, and we’re ready to stand with you every step of the way.