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Lawyer is explaining about the wrongdoing laws regarding fraud to the client at the office.
When facing criminal charges, an experienced attorney is essential for navigating the criminal justice system. Learn about different types of criminal lawyers and how to find one that meets your individual needs!
Criminal lawyers fall into two distinct categories: defense and prosecution. Their job is to ensure their clients’ legal rights are upheld, and they receive a fair trial by the court system.
Coercion or Duress Defense
The Coercion or Duress Defense is a criminal defense that asserts you committed your offense under imminent danger of death or serious bodily harm. This could be an immediate, present-day threat, or one based on past violence or future action.
To prove duress, you must demonstrate that a reasonable person would have felt afraid in your shoes. This means a judge or jury must evaluate all evidence to determine if you were truly under duress when you committed your crime.
This defense cannot be invoked if you recklessly put yourself in a precarious situation. Additionally, it is not always successful and does not cover all charges, such as murder. Furthermore, you must demonstrate that there was no other option to prevent harm other than to commit the offense.
Involuntary Intoxication
Involuntary Intoxication is a legal defense used by defendants to argue they were not responsible for their criminal act due to mental impairment. This can occur due to various causes, such as being coerced into taking drugs or other intoxicating substances or having medical conditions which cause toxicity.
In most states, the involuntary intoxication defense can be utilized to defend against various crimes. These include specific intent crimes such as murder and any other offenses that require a defendant to act with specific purpose.
Involuntary intoxication may also be used as a defense when someone takes prescribed medications such as psychotropic drugs. These substances affect memory and other aspects of mental health, making it difficult or impossible to form the mens rea necessary to commit a crime.
Insanity Defense
Insanity is a defense strategy that can be employed to prove that an individual was legally insane at the time of committing a crime. This usually requires the assistance of a criminal lawyer melbourne who will use psychiatric evidence to show the defendant was unable to comprehend their conduct, nor could they control it.
The Insanity Defense is often employed to defend against charges of homicide. Unfortunately, this strategy is relatively uncommon – only one percent of felony cases involve this defense strategy.
This defense strategy necessitates the expertise of a highly-experienced NYC criminal attorney with knowledge of psychiatric law. This is an incredibly difficult defense to win, and only a handful of attorneys have been successful at trial.
Defense of Necessity
The Defense of Necessity is a legal defense that may allow you to avoid criminal charges when it is believed that committing the crime was necessary in order to protect others from greater harm. While this defense can be difficult to prove, it may work in certain instances.
To determine whether you can utilize this defense, the court must assess your individual situation. Courts take into account various elements when deciding if necessity should apply in your case.
Your mens rea and whether or not there was an imminent risk of serious bodily harm are two key indicators.
Courts should take into account economic need when deciding whether or not to accept the necessity defense. If you find yourself in a precarious financial situation and must steal something to survive, most states won’t recognize your economic necessity as a valid defense.
