How Does a Criminal Defense Attorney Defend Violent Crime Cases?
How Does a Criminal Defense Attorney Defend Violent Crime Cases?
At the outset of any criminal case, the defendant and his or her attorney will meet and develop a strategy.
This is an extremely important step in the process. If a strategy is not prepared, or if the developed strategy is not strong enough, the defendant could end up serving a long prison sentence or paying thousands of dollars in fines. A cohesive strategy could lessen the potential penalties the defendant faces — or eliminate them altogether.
Any criminal defense strategy should contain the following elements:
- Consistency with evidence: The defendant should be able to explain any evidence uncovered by detectives or law enforcement officials at the scene of the crime.
- Sympathy: The defendant’s version of events is portrayed in a way that gains the sympathy of the court, and shows that he or she attempted everything possible to avoid criminal activity.
- Explanations: The defendant should be able to back up any story he or she provides by explaining and recounting each individual element of the story.
Common defense tactics
Similar defense tactics are used across all criminal cases, but some specific aspects of a violent crime case may differ from the defense of a drug crime case.
The following are a few of the most commonly used defense tactics to lower potential penalties for violent crimes in Georgia:
- Lack of proof: The defendant is always considered innocent until proven guilty. The prosecution must prove beyond a reasonable doubt that the defendant committed the crime. This is a high burden of proof, and a good criminal defense attorney will ensure the court accepts nothing less than airtight evidence of guilt.
- Alibi: Providing an alibi to prove you could not have committed the crime is a powerful defense strategy that could result in a case dismissal.
- Self-defense: One of the most common strategies in violent crime cases is to claim that you were simply defending yourself. Self-defense can occasionally be mistaken as aggression. If you can prove you had reason to believe there was an imminent threat to your physical safety or the wellbeing of someone with you, you can argue that you acted within your rights.
- No harm no foul: In some cases, you might be able to argue that because no harm was done to the alleged victim, no crime has occurred.
To learn more about the various defense tactics associated with violent crimes in Georgia, consult a trusted criminal defense attorney at the law office of James D. Michael, P.C.