The collaboration of the attorney and a defendant to come up with their version of events regarding the criminal charge is critical for your case. Here ‘version’ is a legal term that refers to several items surrounding a given event. In such instances, open and collaborative communication with the defendant and the attorney helps in creating the overall defense strategy.
How is the defense strategy formed?
Your criminal lawyer will work cohesively with you in creating a defense strategy that works. The lawyer will find out and strategize the course of action based on the evidence the prosecution has, along with your version of the event. It is the standard and effective way to work out a winning plan for your criminal case.
As a principle, you need to share the exact details of the event with your lawyer with utmost honesty. It will only strengthen the case in your favour. A good strategy is formed when you and your defense lawyer are on same lines on the version of the events, and it produces a winning outcome for you. Your lawyer with your inputs will develop the most legally accessible and accurate version of events that is relevant to the case and is consistent with physical evidence.
8 defense strategies that work
The defense strategy that you and lawyer will adopt depends mostly on the crime you are accused of and the evidence available to you.
- Affirmative defense
Here the defendant, along with the lawyer produces evidence in support of the defense. In other words, the attempt is to strike down the prosecution’s evidence by proving that it is false.
- Insanity defense
This strategy is made more popular by television shows and movies, wherein you state that the alleged crime was committed as you were not aware that what you were doing was wrong. To be successful here, there must be a shred of evidence that you had a mental disease when the crime was committed.
- Coercion and duress
Here your support argument is that you were forced into committing the crime because of being threatened with unlawful force. A mere threat of illegal force is sufficient to satisfy the coercion defense.
- Renunciation
This form of defense states that you abandoned and withdrew your involvement in a crime or being an accomplice to a crime. Technically it is another form of an affirmative defense. For this strategy to be valid, you must have notified the police in advance or your action before withdrawing from the crime must not have in any way contributed to the crime.
- Consent
Here there is an acknowledgement that the defendant did commit some degree of action but also stated that the act was consented to by the victim. A consent to bodily harm is one example of this defense strategy.
- Self-defense
The attorney in this strategy states that one’s actions may be considered criminal but were necessary to defend oneself. If the evidence is sufficient and worthy, then this strategy works well in the courtroom.
- Intoxication
With this argument, you may not be cleared of your crime, but it does negate an element of a crime and nevertheless works in your favour. It applies to minimal circumstances and depends on whether the intoxication was voluntary or involuntary.
- Statute of limitations
Here the defense states that the amount of time the prosecution took to collect the pieces of evidence and bring the charges against a defendant has passed and therefore, the charges must be dropped.
The defense strategy that you and your lawyer decide to adopt depends on the crime and the evidence that is at your disposal.
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
Speak Your Mind