Types Of Criminal Cases

When a person is accused of a crime and has to be presented in court, he or she can use different approached depending on the case and situation at hand. The defendant, who is the person accused of the crime, and the criminal defense lawyer try to establish some criminal defense that can prevent a guilty verdict.

This planned and strategic piece of argument that challenges and puts to question the soundness and sufficiency of evidence provided by the prosecution can be of several types:

• Rejecting the prosecution’s evidence by claiming it to be false.
• Affirmative criminal defense, which includes:

The insanity defense
Coercion and duress
Abandonment and withdrawal
Other criminal defenses

All of these defenses have some pros and cons, so it is necessary that the defendant consults a criminal defense lawyer to choose the defense that is appropriate.

To prove that the prosecution’s evidence is false, the defendant and his or her attorney need to provide sufficient arguments to counter the prosecution’s claims. These can be in any form but should be solid enough to convince the court that the defendant is not guilty.

In affirmative criminal defenses, the defendant and criminal defense lawyer accept some of the prosecution’s evidence to be true. These defenses require that the accused and his or her defense lawyer bring up evidence in support of the case.

Unlike shown in the media, the insanity defense is not much used or successful. This is because it can only be used when it is admitted that the defendant has committed the crime. For successful use of this defense, it is necessary that the defendant has a severe mental illness.

The second type of affirmative defense strategy is to say that the accused was forced to commit the crime due to the threat of use of unlawful force. This threat does not have to be against the individual charged with the crime, but can also be against another person such as a family member. The threat does not have to be carried out to use this defense. Merely a threat is enough.

However if the accused reckless behavior led to the threat being made, this defense would not work.
Also termed as renunciation, the abandonment or withdrawal states that the accused was going to commit the crime or be an accomplice to it, but withdrew or left without involvement. Sufficient evidence needs to be presented for this, and it should be clear that before withdrawing, the defendant’s actions did not in any way contribute to the crime and that he or she notified the police before the crime.

Other defences include self-defence that the actions committed were necessary to defend oneself) consent (the victim’s consent was involved), intoxication (you had been or were intoxicated. So in some cases it can negate the element of a crime) and the statute of limitations (the amount of time the prosecution had to bring forth the charges has passed).
To use any of these defenses,