Mar 4, 2015

Too many individuals facing criminal charges may believe their only realistic option is to plead guilty and accept the penalties offered by the prosecutor or judge. In reality, however, there are many ways in which a defendant can try to have their case dismissed or be acquitted at trial. These are referred to as legal defenses, and the defenses available to a certain defendant will vary from case to case. An experienced criminal defense attorney will be able to identify which defenses may be possible in your case and can develop a strategy to minimize the penalties you face.

Common Types of Defenses

The most common defense in criminal cases is for a defendant to state that they simply did not commit the crime. This defense can be presented in different ways, including the following:

  • Attacking the prosecutor’s evidence — The prosecutor must prove guilt beyond a reasonable doubt, and a quality lawyer will understand how to discredit a prosecutor’s case against you and cast enough doubt on your involvement in the alleged offense.
  • Presenting an alibi — An alibi defense involves you offering evidence that you were in another location besides the scene of the crime when the alleged offense took place. Both witness testimony and physical evidence can be used to demonstrate an alibi.

In addition to denying involvement in an offense, a defendant can also admit to involvement but claim that they should not be punished for their behavior. The following are two main examples of this type of defense:

  • Self-defense — Self-defense comes into context of a violent crime that you state was justified because the violence was necessary to protect yourself from the violence of another person. Self-defense is not allowed in any situation, however, as you generally must show that the other individual was the aggressor and the amount of force you used was necessary under the circumstances.
  • Insanity — Florida law allows a defendant to present evidence of a mental disease, infirmity, or defect that prevented them from realizing the nature of their actions, the possible consequences, and/or understanding that their actions were wrong.

The above are only some examples of potential legal defenses in a Florida criminal case. You should always discuss your case with an attorney to determine which defenses can be used in your case.

Contact the law firm of Lavalle Brown & Ronan for a free consultation

Whether you have been arrested on suspicion of a criminal offense or have suffered an injury in an accident, the experienced team of attorneys at Lavalle Brown & Ronan in Boca Raton, Florida can help you. We are committed to provided individual attention and specifically tailoring our legal strategy to the particular facts and issues involved in each case, which always aims to achieve the best possible results. Please do not hesitate to call for a free consultation at 855-BOCALAW today.