If you have been charged with a violent crime, the stakes are high. The penalties for these types of crimes can be severe, including significant fines and long prison sentences. Here are some defense strategies your attorney might consider when helping defend you in a violent crime case.

Self-Defense

If you are facing a violent crime charge, it's important to understand your options and the defense strategies that may be available to you. Self-defense is one of the most common defense strategies used in violent crime cases.

The self-defense argument asserts that the defendant was acting in self-defense when they committed the crime. To establish self-defense, the defendant must show that they were faced with an imminent threat of bodily harm and that their actions were reasonable and necessary to protect themselves. If the defendant can show that they were acting in self-defense, they may be able to avoid conviction or have the charges reduced.

Reasonable Deniability

Another common defense strategy used in violent crime cases is the mistake of fact or reasonable deniability. This defense argument asserts that the defendant did not have the intent to commit a crime because they believed they were acting in accordance with the law. For example, if a defendant was carrying a weapon that they believed was legal, but it turned out to be illegal, they may be able to argue that they made a mistake of fact. If the defendant can show that their actions were the result of a mistake of fact, they may be able to avoid conviction or have the charges reduced.

Temporary Insanity

In some violent crime cases, the defendant may argue that they were insane at the time of the crime. The insanity defense argues that the defendant was unable to understand the nature and consequences of their actions due to a mental illness. To establish the insanity defense, the defendant must show that they suffered from a mental illness at the time of the crime and that this illness prevented them from understanding the nature and consequences of their actions. If the defendant can establish the insanity defense, they may be found not guilty or may be sentenced to a mental health facility rather than prison.

Under Duress

The duress defense is used when the defendant argues that they committed the crime because they were threatened with harm if they did not comply. To establish the duress defense, the defendant must show that they were faced with an immediate threat of harm and that they had no reasonable means of escape. If the defendant can show that they were acting under duress, they may be able to avoid conviction or have the charges reduced.

Contact a local law firm, such as Cohen Law Offices, LLC, to learn more.