Criminal Defense Lawyers - The Defenses They Use To Protect Clients
A criminal defense lawyer is a legal professional who is defending client in court who's been accused of criminal activity that ranges from felony to misdemeanor. If ever the person is convicted, they will be fined, do a community service, serve years inside prison or even receive a death penalty. Now, the job of a criminal defense attorney is to either get their client the lightest possible sentence or have them acquitted. To be able to accomplish this, the lawyer has to use various defenses.
Affirmative Criminal Defense
There are some criminal defense lawyers like Louisville Domestic Violence Lawyer who try to lessen the evidence of prosecution by showing it isn't true. In this defense, the lawyer together with their client is producing evidence in support of defense. For instance, say that the defendant is charged with a first degree murder, which indicates that the client has planned the murder before it took place, they might opt to provide alibi witness. These are witnesses who testify that the defendant couldn't have committed the allegations and gives them alibi for the time that the murder was committed.
In this defense, it was actually made popular both by TV shows and movies. What's unfortunate here is that, it's a defense that's not used frequently or often lead to success. When the Louisville Defense Lawyer used such defense, this states that the client did commit the accused crime but, didn't know what they did was wrong. To be able to successfully use this defense, the client has to have serious defect or a mental illness perhaps at the time that the crime was committed.
It may be risky to depend on such defense as the client admits to the crime but if the jury doesn't believe that the client is mentally ill, they may judge the client guilty and hands down harder sentence than what they might have if they hadn't used such defense.
Coercion and Duress
This is actually an affirmative criminal defense lawyer who tries to prove that their client was only forced to commit the said crime due to the fact that it's threatened with unlawful force. The force doesn't need to happen actually, just the threat is enough to satisfy this defense. This threat doesn't need to be against the client, it may be against on anyone else like a friend, family member etc. Such defense can't be invoked if ever it's their client's reckless action that has put them into the said situation which caused duress.
Please visit http://www.encyclopedia.com/social-sciences-and-law/law/law-divisions-and-codes/criminal-lawfor a related story.