Four Common Defenses to Criminal Charges in Montgomery County
Four Common Defenses to Criminal Charges in Montgomery County
If you are charged with a crime, the law presumes you are innocent until proven guilty. The law also provides you with the opportunity to defend yourself against the allegations to prevent the prosecutor from proving your case.
In criminal cases, there are many possible defenses, though some are more common than others. You should always hire a criminal defense attorney in Montgomery County who can identify all the defenses that can help you avoid a conviction whenever possible. Never wait to contact Luck Law LLC, so we can begin building the strongest possible defense.
Below are some examples of defenses that are common in criminal cases:
1. Self Defense
Self-defense is a criminal defense used in cases involving assault or other acts of violence. Similar defenses involve claiming the defense of others or property. Alabama also has Stand Your Ground laws in place that can assist with a self-defense claim.
If you are pleading self-defense, you are claiming that you harmed or killed another individual to protect your own life against the violent threats of another individual. Unfortunately, many people misunderstand how self-defense works. A successful self-defense claim requires complex legal analysis and evidence, which is why you need a skilled attorney to present this defense for you.
2. Insanity
Insanity defenses are affirmative defenses, and they apply in rare cases. Your lawyer must plead this defense early in your case for it to apply. Alabama puts the burden of proof on the defendant to prove that they should not be accountable for their actions because:
- At the time of the offense
- The defendant could not distinguish between right and wrong
- Or otherwise could not understand their conduct
- Due to a disease of the mind
Unfortunately, insanity defenses are incredibly challenging to prove because your claim needs to demonstrate that you did not know right from wrong when you committed the crime. This often requires extensive expert analysis, and even if successful, this defense will likely lead to a different set of consequences, such as commitment to a mental hospital instead of prison.
3. Constitutional Violations
Under the U.S. Constitution, you’re entitled to some protections regardless of whether you committed a crime. Further, any evidence stemming from constitutional violations should be suppressed from your case. When authorities violate your constitutional rights, your lawyer might be able to use it as an important part of your defense.
For example, many individuals are improperly searched, arrested, or questioned by the police. Some of the most common constitutional violations include obtaining a coerced confession, not obtaining a warrant, not having justification for a stop or arrest, and not reading Miranda warnings upon arrest.
If an attorney can prove your constitutional rights were violated, your attorney can seek to have all resulting evidence kept out of your case. Often, this can result in a dismissal of charges if the prosecutor has little other evidence to prove your charges.
4. Innocence
Some people did not commit the crime they are accused of. Your defense lawyer can help gather evidence to support your innocence, including:
- An alibi
- Improper witness identification
- False allegations
- Planted evidence
- Malicious prosecution
Speak With A Montgomery County Criminal Defense Lawyer Today To Discuss Your Case
Always consult a Montgomery County criminal defense attorney about your case if you have been charged with a crime. At Luck Law LLC, we help our clients build strong criminal defenses to prove their innocence or keep them out of jail. Please contact us here for more information.
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