Crimes and criminals are always expected to be punished and not to be escaped either way. But in legal cases, there are many loops that we, the general and illegal people, cannot understand properly. The defendants committing criminal offenses, can get legal defenses supporting them.
Isn’t it too surprising? This article provides a discussion over the top 10 legal defenses to common crimes and their reasons briefly.
Top 10 Legal Defenses to Common Crimes
There are many common criminal crimes where the defendant might get legal defenses for some reasons. Here we will discuss the top 10 legal defenses to common crimes:
Legal defense in case of self defense of a defendant happens typically in terms of criminal offenses like battery, murder, assault, robbery etc. It occurs when the defendant tries to protect himself in a legally justified way from the force or actions taken by the victim against the defendant. But in this case, the force that the defendant uses for his self defense must have to be proportionate to the victim’s force.
For example, the legal defense or justification for a defendant’s actions for self-defense against a middle-aged person in a fight in the bar will differ from his self-defense against any toddler in a daycare who used to climb on him.
Defense of Property
Defense for the defense of property is almost the same as defending a defendant’s self-defense mechanism. Instead of himself, the defendant tries to protect or defend his property from destruction or damage.
But there are a slight difference or restrictions in terms of defense force here. You are never allowed to use any actions or forces against the victim, which is lethal either way. Otherwise, it would not be considered as your property defense in legal procedures.
Defense of Others
Legal defense for the defense of others is also similar to the defense of property and self defense. The defendant can use violent force, of course in a justified way, to defend someone else like his child, spouse, relatives and so on.
For example, if a running bus physically attacks any person due to its careless speed and then tries to go away from it, then the defendant can use violence to make the driver stopped the bus. This is legally justified.
Coercion or Duress
Coercion or duress is forceful. That means, when someone else is forcing you to commit any crime or violence, it is called coercion and duress. You are not intentionally doing the crime here. Instead, you are being forced to do it.
You have the right to get a potential legal defense against this coercion or duress as you do not do it by your own will. For example, you might have heard about godfathers, mafias and something like that. They force people, maybe by threatening or others, to commit criminal offenses.
During the investigation of any criminal cases, sometimes police do some mistakes in their duties. They often violate rules when they do not get or manage to get a warrant or permission for sufficient inquiry. Then, they go for an illegal search in your home, your properties, vehicles, essential papers and many more.
If you have enough evidence of these misdoings of the police, they will be your legal defense supporting you in the court, and consequently, your case might get dismissed.
Defense of voluntary intoxication refers to some specific types of crimes that a person intended to commit. That means, during a trial, the prosecution must have to prove that you were intended to commit the crime. Your act for this crime was completely intentional. The prosecution can not have any doubt on this.
If they have failed to prove it or show any doubt, you will get a legal defense for voluntary intoxication. You can learn from criminal lawyers, e. g. moose jaw criminal defense lawyer, better about this issue.
Contrary to voluntary intoxication, involuntary intoxication also contains potential legal defense for the defendant. When the defendant commits a crime being completely unaware of what he is doing, he might get legal defense for his involuntary intoxication.
For example, you are poorly drunk. Someone in the bar has asked you something, but you hit him with the glass you were drinking from out of your sense. This action might get a legal defense.
Typically insanity is not able to get any legal defense. But it gets the defense for two reasons: when the defendant was suffering from immense mental pressure, he could not resist him from committing the crime.
Another, when the defendant commits the crime unconsciously, he was not aware of what he was doing. In these two cases, insanity gets legal defense for the defendant. However, there are some other issues too.
Innocence is the most common ways to get legal defense against the person charged as a criminal or defendant. In the trial room, the prosecution must need to prove that the charges brought against you are undoubtedly true.
If you are innocent, you need not worry at all. You can better provide some important documents or evidences supporting your innocence.
Alibi defense is something similar to innocence. The defendant here needs to prove that he might not be there or be somewhere else other than the crime scenario during the time the crime happened. You need to provide sufficient proofs, evidence and records or whatever you have supporting your claim.
So, to conclude, we would recommend you hire a professional criminal defense lawyer whenever you face such difficulties in life. Here we have presented the top 10 legal defenses to common crimes but many other issues. A lawyer can best assist you and understand these legal issues far better than a non-legal person.