Facing criminal charges can be intimidating, often leaving you with many questions. However, understanding that being charged with a crime is not the same as being found guilty can provide a significant sense of relief, easing your anxiety and fostering a sense of hope, making the situation less intimidating.
The district attorney (prosecution) must prove all the elements of the crime beyond a reasonable doubt. However, an experienced California criminal defense attorney is there to support you and can use various defense strategies to challenge the charges. Understanding your rights is not just crucial; it's empowering in this process, as it can make you feel more secure and knowledgeable about your situation, reducing feelings of vulnerability.
In California, there are Penal Codes, Health and Safety Codes, Business and Professions Codes, and Vehicle Codes with thousands of pages of laws defining different forms of criminal activity, such as theft, assault, drug offenses, and traffic violations.
It's important to remember that each of these crimes shares a common theme: that a defendant can win a criminal case under the right circumstances.
Understanding that winning your criminal case begins with developing a strong defense can empower you. A 'criminal defense' is the legal concept that a defendant and their attorney build their case around. This knowledge can give you a sense of control and reduce the overwhelming feeling that often accompanies criminal charges.
Notably, many potential defenses depend on the charges you face; some can apply to any charge, while others are specific to one criminal offense.
Numerous possible defense strategies exist, including accidents, alibi, coerced confessions, double jeopardy, duress, entrapment, false accusations, wrongful arrest, lack of probable cause, mistaken identity, mistake of fact, police misconduct, self-defense, and defense of others.
Below, let's review the most common strategies that criminal defense lawyers consider successful arguments in obtaining an acquittal (a verdict of not guilty), dismissing (dropping) charges, or minimizing penalties (reducing the severity of the punishment).
Insufficient Evidence
One of the most important things a defense attorney can do for their client is hold the prosecutor to their burden of proof. The DA will often attempt to reframe a trial as a referendum on the defendant's character.
It's important to remember that the defendant does not have the burden of proving what happened. The prosecutor must demonstrate beyond a reasonable doubt that the defendant is guilty, and failing to do so results in an acquittal. This fact alone can significantly reduce your anxiety about the legal process.
This specific defense requires more from an attorney than hoping the jury does not see enough evidence to merit a conviction. A lawyer typically must take active steps to show weaknesses in the state's claims.
This does not mean they must offer an alternative theory. Rather, the defense rests on the idea that the evidence the state offers is not enough to merit a conviction, regardless of a defendant's testimony.
This defense lawyer typically does not require a defendant to testify. Notably, the prosecutor's burden of proof is required in every criminal case; this defense is commonly used in most cases.
Elements of the Crime
All crimes have specific legal elements that the prosecution must prove for a conviction. Suppose one element is left unproven. In that case, the case can't be proven. A review of the evidence and arguments allows the defense to challenge these elements.
Notably, your attorney doesn't have to prove your innocence but simply cast reasonable doubt. Key questions related to defense strategy include:
- What is the legal definition of the crime?
- Does the prosecution's evidence meet the statute's requirements?
- Did the defendant intend to commit the crime?
- Are there inconsistencies in witness statements, contradictions in physical evidence, or unreliable sources?
If the prosecution cannot prove every element without question, acquittal or dismissal of the charges may be appropriate.
Establishing an Alibi
An alibi proves you were elsewhere when the alleged crime occurred, making it impossible for you to have committed the crime. Key components of an alibi defense strategy include the following:
- Testimony from family or others who can confirm your whereabouts.
- Documentary evidence such as receipts, travel records, and photos that confirm your presence at a different location.
- Electronic records, such as cell phone location data, GPS logs, or texts sent near the time of the crime.
Suppression of Evidence
The Constitution gives strong protections to uphold fairness in criminal proceedings. If your rights are violated during the investigation or evidence collection, the evidence can often be excluded from the trial. Common questions to explore when suppressing evidence include:
- Was evidence obtained without a valid search warrant or probable cause?
- Were you informed of your right to remain silent?
- Did law enforcement unfairly induce you to commit an offense?
- Was evidence properly handled?
- Any lapses in documentation?
For instance, if police searched your car without a warrant and without observing any lawful exceptions (probable cause), any contraband or items they find may be inadmissible in court. Similarly, if you were not informed of your right to remain silent during interrogation, any statements you made may be suppressed.
Necessity
This strategy says that you did commit the offense, but that you were acting under extraordinary circumstances that justified your actions. The defense of necessity applies when a defendant acted to prevent greater harm.
This defense can be highly effective if the circumstances align with specific legal criteria. Typical scenarios include the following:
- Self-defense or defense of others can be used when you use reasonable force to protect yourself from immediate harm, such as during an assault.
- Emergency defense can be used when you act to prevent harm in time-sensitive scenarios.
- Duress or coercion can be used when you were forced to commit a crime under threat of serious harm or death.
To establish necessity, your attorney must show that the harm you sought to avoid was immediate and serious, that there were no reasonable alternatives to your actions, and that your response was proportional to the perceived threat.
Police Entrapment
California's entrapment defense is used in situations where you would not have committed the alleged offense but for the harassment, threats, or coercion of the police or their agents. If you were entrapped, it means that the police, who were most likely undercover, persuaded you to commit a crime.
Entrapment is frequently used as a defense to sex offenses and drug crimes. It is typically used in connection with sting operations run by undercover decoy officers trying to arrest for the following:
- Penal Code 647(b) PC, prostitution law,
- Penal Code 647(a) PC, lewd acts in public,
- Health and Safety Code 11351 HS, selling controlled substances.
Entrapment is a legal defense that you must prove by a preponderance of the evidence, meaning that it is more likely than not that the only reason you committed the alleged crime was because of the overreaching police conduct. In other words, you must show that it is more likely than not that you would not have committed the crime if not for the police's actions.
Self-Defense
California's self-defense law says that if you injure or kill someone in self-defense or in defending another person, your conduct will be excused. However, your actions must be reasonable under the circumstances. Simply put, the following factors must apply:
- You believed you or another person faced imminent danger.
- You only use as much force as is reasonably necessary.
Self-defense is not an affirmative defense, meaning a defendant does not have the burden of proof to show they acted in self-defense. Rather, after a defendant raises self-defense, the prosecutor has the burden of proof to show that the defendant did not act in self-defense.
Plea Agreements
Negotiating a plea agreement with the district attorney offers a way to reduce charges or avoid harsher penalties. While not suitable in all criminal cases, plea deals often provide a practical resolution, especially when the evidence against the defendant is strong. Some of the possible benefits of plea agreements include the following:
- Reduced charges can downgrade a felony to a misdemeanor.
- Negotiating probation can mean community service instead of jail time.
- Avoids the unpredictability of a trial and secures a known resolution.
- Resolves the case faster than a lengthy court process allows.
An example includes a situation where a defendant is facing felony drug charges but pleads guilty to a lesser misdemeanor with probation, meaning they avoid the lifelong consequences of a felony conviction. For more information, contact the Hedding Law Firm, a criminal defense law firm in Los Angeles, CA.
Related Content:
