There are many people who are wrongfully convicted of criminal charges. This is mainly because they had a poor defense strategy, or entered a guilty plea fearing heavy penalties in case they end up losing the case. While every case is different, there are a few common defenses that a Criminal Attorney in Newton KS can use to refute your criminal charge.
Most of the common defense strategies are based on two major categories:
1. You didn’t commit a crime.
2. You accept committing the crime, but you should not be held responsible for the acts.
Both strategies cannot be used at the same time and must be effective in raising reasonable doubt over the prosecution’s evidence. The following are some common defenses that your criminal attorney may use when you accept to having committed a crime.
You acted in self-defense
This is one of the common defenses used by many defendants. It is very effective when you are charged with cases of murder, battery, assault and other similar felonies. All your attorney needs is to effectively demonstrate that, while the victim was injured, you were actually defending yourself against harm from their aggressive actions. This strategy is still accepted in modern legal systems and is based on the belief that everyone has the right to defend themselves in case their safety is threatened.
However, you must prove that:
1. The belief of possible harm was reasonable.
2. That self-defense was reasonable at that moment.
3. That the defensive action was absolutely necessary.
Insanity is commonly defined as “the inability to correctly distinguish a right action from a wrong action”. For you to be convicted of a crime, the prosecutor must prove beyond reasonable doubt that you intended to perform a criminal act. On the other hand, the defendant needs to prove that they committed a criminal act while in poor mental state. For example, you may have committed a criminal act while under the influence of drugs and you were not in the right mental state.
If you have any criminal charges, it is wise that you consult a Criminal Attorney in Newton KS from Rocky Wiechman Law firm before entering a guilty plea. Visit the Website Rockylaw.net for more details.