There are certainly many defense strategies that a savvy, experienced criminal defense attorney in Lebanon, TN can use. Some strategies are created by seasoned attorneys specifically for an individual case, others are considered to be less unique, but perhaps solid, tried and true defenses. Whatever your case may be, and regardless of the circumstances, you can rest assured that John R. Hill, of the Hill Law Firm will fight for your rights as your criminal defense attorney in Lebanon, TN. While it would be impossible to list every kind of possible defense strategy, we have listed below a few of the strategies that are commonly utilized in criminal defense cases.
My Client Did Not Understand the Significance of the Criminal Actions
One criminal defense strategy that may be an option is to argue that the defendant cannot be found guilty for the crime simply because she or he did not comprehend or grasp what she or he was doing, or that the actions were even wrong or criminal in any way. There are certainly varying degrees of this defense. An insanity defense would of course be the most severe degree of this defense strategy. Regarding an insanity defense, many states have vastly different rules and interpretations can vary. If an insanity defense is chosen to be the best defense for a defendant and thus presented to the court, then the burden of proof for this defense falls upon the defendant and her or his attorney. Essentially, the defendant must prove to the court that she or he had a mental disorder that made her or him incapable of discerning between what is right and what is wrong, or that the disorder made it impossible to resist controlling actions or acting out on violent, criminal impulses.
The Intoxication Factor
If a defendant is intoxicated while allegedly committing the crime, a criminal defense attorney in Lebanon, TN might opt to use this fact as a defense strategy. If the defendant was intoxicated it could be argued that they did not know what they were doing. And specifically, if a defendant is involuntarily intoxicated, through no action of their own, this can possibly be a defense of general and specific intent crimes utilizing the theory that intoxication would have prevented the defendant from understanding and distinguishing what was right and what was wrong. Of course voluntary intoxication can be a defense strategy as well, but it can only be argued for specific intent crimes. To find out more about this defense contact John R. Hill, your skilled, experienced criminal defense attorney in Lebanon, TN.
The Mistake Factor
In certain criminal cases it may be an option to argue that there was a mistake of fact or mistake of law. Utilization of the mistake defense requires the defendant’s attorney to argue that the defendant made a mistake that thereby negates an element of the crime. For example, a criminal defense attorney in Lebanon, TN presenting a defense for a theft case might argue that the defendant truly believed that her or his actions were legal, that she or he thought the property belonged to them or that the legal owner had given it to them. While this can be a defense strategy option, it is used rarely, only in special circumstances.
We’ve all heard of the self-defense strategy, and there is a reason for that… because it can be a very effective strategy for some criminal cases. A criminal defense attorney in Lebanon, TN might argue that the defendant’s actions were justified. For example, if the defendant shot someone that was threatening their life with a dangerous weapon, this could possibly be grounds for a self-defense argument. Another branch of this group of defense strategies might be the defense of duress. For example, the defendant may have stated that they were forced to commit the crime by a third party who threatened to kill them if they didn’t. Then there is the necessity defense. This defense could argue that the actions were justified if in fact the defendant committed a crime to prevent a worse crime from happening.
No Crime Committed
Another group of defense strategies fall under the ‘no crime committed’ category. A skilled criminal defense attorney in Lebanon, TN could potentially argue that while it may seem that a crime occurred, ultimately no crime was actually committed. In this we are talking about a defense of consent. This defense might be used to defend against a rape charge for instance, if the defendant declares innocence because there was mutual consent to the act of sexual intercourse. There could be a defense of abandonment, meaning that the defendant did plan to commit the crime in question but later made the wise choice to abandon the criminal act, and thus did not commit it, did not participate. Considering other defenses, there could be a defense of entrapment. An example of this defense could be when the defendant is persuaded to commit a crime by a government agency or law enforcement officer, etc. and then later brings charges against the defendant for committing the crime. If this occurs, the defendant may be able to utilize an entrapment defense stating that without the persuasive influence he or she would have never committed the crime.