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What are the Types of Criminal Defenses in A Criminal Case?

  • Practices
  • Sean Dean
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  • June 16, 2014

What are the Types of Criminal Defenses in A Criminal Case?

An accusation arises when there are witnesses involved during a crime scene and a lawsuit can be filed against the person who has committed such acts. If you happen to have loved ones or someone that you know that got involved in this kind of situation it is a must that their presence is needed during a court trial case. They are known to be as defendants as they have been accused of a crime. It is important to hire Christian A. Schwaner, P.C. to be as a representative of the defendant carrying his or her legal rights and interests should be maintained for the sake of the defendant.

The criminal defense cases will depend on the crime that has been charged and the evidence presented. As the constitution has provided for both parties the legal rights, they would also focus mainly on the type of criminal case. During the court trial, both parties are heard and this would take a time to study the situation before the jurisdiction can give its final conclusion under the constitutional law. An affirmative criminal defense is attempted and required for the defendant together with his or her attorney to present evidence for a chance to strike down the accusation that has been made by the prosecutor. To have a better understanding of criminal cases for a criminal defense is essential for you to learn and gain knowledge. This may be imparted to you by your attorney and you should focus on the information that is given. The following are types of criminal cases in which you will find during a court trial hearing.

Insanity Defense- in this case, a person who has a severe mental disorder and has committed a crime is advised to undergo series of testing to justify the defendant’s case. This means his or her attorney should present a valid document that the accused is suffering from mental disorder and the lack of confirming what the law states can be declared not guilty due to the reason of insanity.

Duress and Coercion- this basically happened when a person is being unlawfully threatened. This will not be invoked if you are placed in a situation wherein it leads to the cause of duress. For example taking advantage of illegal drugs which lead you to become a factor of an unlawful force which led you to commit a crime such theft and robbery.

Self-defense- this is an action in which you are protecting yourself in a reasonable way. However, regardless of the case of self-defense, the situation is monitored according to the law.

Legal duty- in such cases the authorize person like a policeman who happens to chase a criminal and uses a defense resulting in injuring the criminal can not be charged against the law.

In determining criminal cases it is most likely the role of the court and government to give what is due. Justice should always prevail as this will lead to a harmonious life and the good will always win over the evil things.