There are many different types of legal defenses. They can range from justification to excuse to duress or coercion. One common legal defense is an alibi. It involves presenting proof that the defendant could not have committed the crime, such as witness testimony, phone records, security footage, and employment records.
Innocence
One of the most significant legal defenses is innocence. It involves claiming that you didn’t commit the crime you are accused of and negating any inculpatory evidence presented by the prosecution. A lawyer will use all available resources to prove your innocence, including eyewitness testimony and other security camera footage. Another popular criminal defense is self-defense and the defense of others. It can protect police officers, firefighters, and EMTs from being charged with crimes if they act in response to a threat or perform actions required in their employment scope. Justification and excuse are other common legal defenses. These include claiming that your actions were justified or you didn’t have the control or state of mind to be held responsible for the crime, such as insanity.
Self-Defense
A legal defense is an argument in court that negates criminal or civil liability. Common legal reasons for criminal defense Lynnfield MA include self-defense, entrapment, insanity, necessity and respondeat superior. The defense of self-defense is based on the belief that one’s actions were necessary to protect themselves or others from harm. It involves proving that the threat was imminent and that the defendant believed their level of force was reasonable, given the circumstances. The defense of self-defense or defense of others also requires that the force used is proportional to the threat level.
Justification
A justification defense is an affirmative defense that allows criminal defendants to claim their actions are justified. These types of securities are often called “necessity” or “defense of others.” Examples of justification include provocation, intoxication and mental illness. As with self-defense, this type of defense requires that the accused must have acted under circumstances that would prevent him from exercising a rational alternative. For instance, a person who shoots someone to protect his family cannot use the defense of necessity to avoid murder charges. Defense of necessity also protects first responders and public servants from responsibility for otherwise criminal acts if those actions are taken in the course and scope of their duties. Generally, this protection is only available for both necessary and reasonable shows.
Excuse
The prosecution must establish each element of the alleged violation beyond a reasonable doubt when a defendant is charged with committing a crime. This high standard burdens prosecutors, and the accused party has several options for legal defenses. Defendants may use an excuse as a defense to reduce the severity of their actions or exonerate them from criminal responsibility entirely. The defense of an excuse is most effective when used in cases where a specific circumstance or person prevents the accused from acting otherwise. For example, the excuse of necessity allows people to avoid punishment for crimes committed under the belief that their actions were necessary or required by their public authority. The defense of excuse may also be used by those who work as police officers or other first responders to avoid liability for acts they believe are performed within the scope and course of their duties.
Duress or Coercion
Duress or coercion is a legal defense that excuses a person from liability for breaking the law because they were forced to do it under the threat of immediate violence or harm. It is a difficult defense to raise because it requires proof that the threat of violence or harm overwhelmed the defendant’s normal courage and compelled them to act. A judge or jury must find that the defendant reasonably feared immediate serious injury or death when they committed the crime. They must also believe they had no reasonable way to avoid the danger. This defense cannot be used to excuse murder or other violent crimes, and it is not available for cases where a defendant agrees to the criminal offense in exchange for money, such as a ransom case. It may, however, be a valid defense for contract coercion and shrewd business negotiations.
