The Most Common Defense Strategies

Legal Tips and Resources

If you have been arrested and charged with a crime, there are multiple types of consequences you may face. Depending on the supposed crime, the accused may have to serve jail time, pay hefty fines, and receive a mark on their record. This mark could potentially hinder their ability to get hired, be approved for a home, or other positive life opportunities. Before going into the courtroom, it is highly recommended that you prepare as thoroughly as you can. Those accused of a crime may rely on an attorney to help them create a defense strategy.

Here are some of the most common defense strategies that are used in the courtroom, when a person is fighting for their innocence or reduction of charges:

A Strong Alibi

An alibi is when influential evidence is presented that shows the judge the accused was in another location, other than where the crime was committed. It is impossible to be in two places at the same time, so with a strong alibi the person accused can have the charges dropped.

Lack of Sufficient Proof

As you may already know, a person accused of a crime is actually innocent until proven guilty. The prosecution has to work hard to prove that you have committed the crime beyond a reasonable doubt. As an attorney is likely to explain, you do not have to prove your innocence. You and your attorney focus on convincing the judge that there is doubt as to whether you did in fact commit the crime. You may be acquitted of the charges if you are able to identify holes in the prosecutions story of what happened.

Acting in Self-Defense

For accusations regarding assault or other physical contact, it is possible that you were acting in self-defense. What may have been interpreted as unprovoked aggression, could have been a response to being in a situation where you felt that your safety was threatened. It is a natural human reaction to either fight or flee danger. If a person has approached us in an unsafe manner, we may engage in conflict out of fear for wellbeing.

The Insanity Plea

The defense strategy of insanity should only be used when it is in fact appropriate, and when there is sufficient evidence to back it up. An insanity plea includes showing the judge how the accused was not able to distinguish between right and wrong due to a mental incapacity. When this plea is used, an attorney may recommend that psychiatrists and other health professionals come forward with a statement that supports this defense.

Consent to Activity

Police officers may make an arrest without understanding the entire situation. Two people could have been engaging in consensual activity, but an officer wrongly interpreted it as a crime. A Bloomington, IL criminal lawyer can talk with you further about what happened, to decide whether this defense strategy could work in your favor. While consent to activity may be the right defense, it does not always guarantee an acquittal of all charges.



Thank you to our friends and contributors at Pioletti & Pioletti for their insight into criminal defense strategies.