When you’re facing criminal charges, protecting your rights and your future should be your number-one priority. In a perfect scenario, you wouldn’t have committed the crime in question, and you and your Lake of the Ozarks criminal defense attorney can work together to prove your innocence. Of course, in the real world, it often doesn’t work out this way.
Sometimes, proving your innocence is not a viable option. In these cases, it is up to you and your attorney to identify which alternative strategy will be the best for your situation. Here are a few examples of the alternative defenses available to the attorneys at Deputy & Mizell, LLC.
This is one of the most common defenses used in criminal cases involving violence such as assault, battery, or (in some cases) manslaughter. It acknowledges that the defendant did in fact commit the crime in question, but claims that he shouldn’t be held responsible because he was defending himself.
This defense is based on the natural presumption that you have the right to defend yourself from the threat of physical injury. However, this defense is not as simple as it may appear at first glance. You have a right to protect yourself, but in order for this defense to hold up in court, you must be able to prove that you had a valid reason to believe that you were at risk of physical harm. You must also be able to prove that your response was reasonable. If you believed you were at risk of being punched in the face, for example, your response may not be more severe than punching your assailant first. Shooting your attacker will likely be considered an in appropriate response and you will likely face serious consequences for your actions.
2. Insanity Defense
The insanity defense also acknowledges that the defendant committed the crime in question. Its claim is that the defendant should not be held legally responsible for his actions because he was not in a sound state of mind at the time that the crime was committed. The idea is that because he was not able to comprehend the moral and legal wrongness of his actions, he shouldn’t face legal consequences.
Because it can alleviate legal liability, the insanity defense may seem like an attractive option in some cases. However, it’s important to recognize that this defense does not offer an “easy out.” Proving mental instability is not always easy, and even if you are successful, you will likely be required to serve extended time in a mental institution to protect yourself and others from a similar incident occurring again. See our earlier blog post to learn more about the insanity defense.
3. Entrapment Defense
The entrapment defense is another defense that acknowledges that the defendant committed the crime in question but claims that he should not be legally responsible. This defense can only be used when an officer convinces, coerces, or otherwise induces you to commit a crime. The idea is that because you were encouraged to commit the crime by an official, you cannot be held to the same legal standards as someone who committed the crime without any prompting.
If you were tricked into committing a crime by an officer or other official, you may be able to use this defense to lessen your charges. However, it is important to recognize that this defense generally only works if you can convince the jury that you were not otherwise predisposed to commit the crime. If you have a history of drug abuse and an undercover officer offers to sell you illegal substances, for example, the entrapment defense may not hold up in court.
Contact Our Firm For Representation
If you are facing criminal charges, we hope you’ll reach out to our criminal defense lawyers in Eldon MO for the representation you need. We also have offices in Camdenton and Lebanon, so we can defend charges across central Missouri. If you would like more information about criminal defense in Mid-Missouri, contact Deputy & Mizell to schedule your private consultation.