What’s the Best Defense Strategy?

If you are facing criminal charges, you are no doubt feeling anxious about your future. If you don’t know much about the criminal justice system, you may feel you’re at a real disadvantage. Whatever defense you wind up with, you want your attorney to put forth a strategic rationale that challenges the presentation delivered by the prosecution. Even though the burden of proof is on the prosecution, in the best-case scenario the defense will have an alternate theory of the case that will put the prosecutor’s theory in doubt. An experienced criminal defense attorney can help you to understand that there are four basic defenses: affirmative, denial, perfect, or imperfect. Here’s a brief overview of each:

Affirmative Defense 

An affirmative defense is one in which a defendant asserts some new issue—self-defense, for example—that must be credibly demonstrated in order to explain the event in question.  A couple of other commonly used affirmative defenses include insanity and entrapment. Essentially, affirmative defenses acknowledge the criminal activity, but provide some sort of justification for the actions taken.

Denial Defense 

The denial defense is based on a lack of proof beyond a reasonable date related to every single element of a case. The elements will include, at the very least, verification of criminal activity, of criminal intent, and of the concurrence of the two. When the crime requires a negative outcome (not all crimes do), causation and harm must also be proven. Finally, sometimes attendant circumstances may be required, such as characteristics of the victim or other issues. The defense team can either fight to demonstrate that these elements are not in evidence, or simply wait for the prosecution to fail to make a case beyond a reasonable doubt.

Imperfect Defense

An imperfect defense is one in which the severity of the actions is reduced. In other words, the defendant’s attorneys argue that, while criminal activity did occur, lesser charges should be pursued.  That might mean seeking manslaughter charges instead of 1^st degree murder charges, for example.

Perfect Defense 

A perfect defense is one that seeks to have the defendant acquitted on all charges. It could be based on factual matters, such as an ironclad alibi, or on legal statutes, such as an expired statute of limitations negating the state’s ability to prosecute at all. Whatever the specifics, a perfect defense will give the jury an alternative narrative through which to view the case.

Fighting for You 

The Las Vegas criminal defense lawyers at Lobo Law always go to bat for clients in an attempt to achieve the best possible outcomes.  To discuss your situation, schedule a confidential consultation in our Las Vegas office today.

Source:

open.lib.umn.edu/criminallaw/chapter/5-1-criminal-defenses/