If you have been arrested or charged with a crime you may be wondering what are the different options my attorney may have to defend me in my case. In today’s blog we look at some of the most common defenses utilized in defending against a criminal charge.
- I Didn’t Do It: Probably the most common and most obvious defense is that the police just got it wrong I didn’t do the crime. This is a broad category that encompasses a number of other defenses but generally speaking the idea is that the State can’t meet its burden of proving you guilty beyond a reasonable doubt because you didn’t do the crime they are alleging you to have committed.
- Somebody Else Did It: Sometimes the police get it wrong and they arrest the wrong person. In this situation the defense may be that you didn’t commit the crime because someone else did it and there has been a mistake in identity. When this happens how the state is tying you to the allegations becomes very important and conducting a thorough investigation into the case and questioning witnesses in detail can many times clear this up. If not, it is a viable defense to argue mistaken identity to a jury.
- I Wasn’t There: This is commonly called an alibi defense. An alibi defense is where you have witnesses, documentation, photographic or electronic evidence that establishes you were somewhere else at the time the crime is committed. If the State is alleging you to have been at the scene of a crime at a specific time and day and you know that is just not true, then you need to look at what evidence there is to establish an alibi that you were somewhere else. This could include cell phone data, security camera videos, social media posts or other people that can testify as to your location.
- I Was Acting In Self Defense: Many times in cases involving battery or murder there may be the defense of I was acting in self-defense. If someone else was the initial aggressor or provoked the confrontation and you responded with reasonable force to protect yourself form harm than it very well may be that you have a good argument for self-defense. In order to utilize this defense in a murder case you must have reasonably believed that you were going to suffer serious bodily injury or death.
These are some of the most commonly used defenses, however this list is not exhaustive. If you or a loved one has been charged with a crime and need help building your defense, contact one of the attorneys at Banks & Brower 24 hours a day 7 days a week at 317-870-0019.