4 Common Defenses That are Used in a Trial

When meeting with your Palm Beach criminal lawyer, you will have to discuss the strategy to use in order to prove your innocence. Meaning, you and your attorney will come up with the best defense to use in court. Here are some common defenses to choose from:

1. Self Defense: This defense is commonly used in cases involving violent crimes such as assault or assault cases that lead to death. In order for a Palm Beach defense attorney to use this defense, adequate evidence is required proving that the client was put in a position in which they were being threatened or attacked by the other party. A clear justification of actions must be conveyed to the judge and jury in order to prove that the client’s actions were not premeditated, that it was a means of self-defense.

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2. Insanity Defense: An Insanity Defense is used by a Palm Beach criminal defense attorney when they are representing a client that suffers from a mental health disorder. When attorneys plead an Insanity Defense it is to show to the judge and the jurors that their client was either not in sound mind, had no control over their actions, or has extreme difficulties understanding the severity of their actions. In most cases, a judge will rule not guilty by reason of insanity (NGRI) and the defendant will have to serve time in a proper mental facility instead of jail. When this ruling is in effect, the defendant would ultimately serve more time in the facility than they would if they received a jail sentence. Of course, there is a lot of controversy with the NGRI ruling since many believe that the guilty party uses it to avoid justifiable punishment.

3. Alibi Defense: This is a powerful defense that requires a great deal of evidence and even an eyewitness. The alibi defense is exactly as it sounds: a defense stating the accused was not present at the time of the crime. Along with sufficient evidence that clears their name, the defendant will need to have an eyewitness testify that either A. they were with you in a different location at the time of the crime or B. talked to you or saw you heading elsewhere when the crime supposedly occurred.

4. Statute of Limitations Defense: For murder cases, this does not apply, but in many minor court cases there is a length of time that these cases need to be charged; the statute of limitations. The time varies in every state and of course, depending on the crime itself. If the statute of limitations passes then ultimately, the client would be able to go free.