Criminal defense is defined as a strategy of arguing as a means of challenging the prosecutor and the evidence they maintain against you. The burden of proof falls to the prosecution, who must provide evidence that proves that you committed the crime beyond a reasonable doubt.
Your defense attorney is your advocate throughout the trial. They will do everything that they can to refute the charges, poke holes in the prosecution’s case against you, and create doubt relating to your guilt within the minds of the jury.
Examples of criminal defense
There are numerous types of criminal defenses available to you as a defendant. Here are just a few of them:
- Maintaining Innocence. This is what people usually think of when talking about criminal defense. Witnesses are called upon by the defense to provide alibis and testimony in your favor and the prosecution must prove beyond a reasonable doubt that you are guilty.
- Self-defense is a strategy that’s used when a person who has been accused of assault, battery, or murder claims that they did what was necessary to protect the health and well-being of themselves or their family. Witnesses may also be called upon to testify as to the (good) nature of your character.
- Constitutional violations refer to the violation of your rights as a citizen of the United States as it pertains to the crime. Illegal search and seizure, not being properly Mirandized at the time of arrest, and interrogating you without your attorney being present if you requested them all fall under this category.
As stated above, there are many directions an experienced legal guide could take when it comes to your defense. Together, you will decide which strategy best applies to your case.