Effective Criminal Defense Strategies: A Defensive Guide to Navigating the Criminal Justice System

When you have been accused of a crime, there is nothing more essential than getting a good attorney. The job of a criminal defense attorney is to select the best tactics after reviewing the facts and circumstances of a case. 

A successful criminal lawyer can prove without a doubt in court whether you committed the crime that you have been charged with. England and Wales had about 646,988 people arrested in 2021-2022 alone. 

Defense strategies in criminal cases differ from one case to another. Although there are similarities, your attorney’s strategy will be based on the details of the case. This has to do with the plaintiff’s approach.

The defense has to counter what the plaintiff is claiming. A lawyer may have to change his approach based on the evidence of the prosecution and what the witness has to say. 

The criminal defense lawyers can also question the credibility of testimony by providing a logical explanation for the event that transpired. This can happen by contradicting the evidence, and pointing out errors in police reports. The physical evidence gathered can also spark doubt.

7 Effective Criminal Defensive Strategies

To develop an effective strategy, a criminal defense lawyer looks into the defendant’s story, the prosecutor’s evidence, and his findings. You might be wondering how to build a strong criminal defense. Below are seven tips that will help you build effective defense strategies. 

1. Accident

When a person is charged with a crime, the prosecutor tries to prove that the accused had the intention of committing the crime or the intention to commit an act.

In another case, they have to show that the defendant acted with criminal negligence, that is they acted with deliberate disregard for the safety of others. 

If your criminal lawyer can prove that the act was an accident without criminal intent, then there is a considerable defense against the charge even though it’s a first-degree murder charge. 

It can be a legal defense to the charge that the accused conduct was a result of certain situations. That is, the accused may defend their case by proving that the alleged crime was an accident. 

For this defense to be successful, the accused must prove that: 

  • They were not acting in criminal negligence.
  • They did not have the intention of committing the crime.
  • They were lawfully acting when the accident happened.

The accident strategy acts as a valid defense. It shows that the defendant did not act with the required intent or criminal negligence.

To use the accident as a defense strategy, the defendant has the responsibility to prove everything discussed above beyond reasonable doubt. There are some crimes where accident defense can be used, such as:

  • Murder
  • Homicide
  • Domestic violence 
  • Shoplifting 
  • Assault
  • Concealing or destroying evidence

2. The Defendant Has an Alibi 

An alibi is someone that presents or shows evidence proving that the accused was somewhere else at the time the crime was committed. 

For example, if the defendant was accused of committing the crime at 10:00 p.m. on Thursday. But, if he or she was somewhere else when the crime took place, the alibi can result in the charges being dropped. 

3. False Confession

A false confession is a forced statement of guilt made under duress, or as a result of force. Forced confessions happen more often than most want to admit. 

According to studies, about 25% of convicted criminals in the US  may have owned up to crimes they did not commit. 

Judges and jurors in the court must be willing to accept the fact that under the right situations, anyone naïve to the criminal system can be exploited into a false confession.

4. Police misconduct

Some law enforcement officials commit lawlessness during their inspections. Police officers may wish to conceal an error they made during their first investigation or they are just convinced that a suspect is guilty and engage in misconduct to build a stronger case. 

Police misconduct takes many forms, but the most common are: 

  • Improper handling or planting evidence.
  • Oppressing witnesses and suspects.
  • Using unnecessary force like tasers on cooperative suspects.
  • Lying in courtroom testimonies or their reports.
  • Performing unjustifiable searches, surveillances, or seizures.

If your criminal defense attorney can prove police misconduct, that provides support for dismissing your case and subsequently pursuing civil rights claims seeking damages. 

5. Plea Of Insanity

In most cases, a person cannot be found guilty of a crime if at the time the crime was committed the person was legally insane. 

The accused person may not have understood the criminal act or may not have been aware of the consequences. Therefore, another great criminal defense strategy is to prove the accused is legally insane. 

The criteria used for proving insanity depend on the criminal code of each jurisdiction. However, all insanity tests rely on one of four legal standards: 

  • The Durham Rule
  • The Model Penal Code Test
  • The Irresistible Impulse Test
  • The M’Naghten Rule

6. Self Defense or Defense of Others  

Identical to accidental crime, many states permit crimes if they were committed based on protecting others or self-defense. If the crime was committed under duress of imminent danger, it may not be considered a crime, and no punishment will be delivered. 

However, for a self-defense strategy to be accepted, the force used against the intruder must be appropriate and equal to the harm feared. 

7. Beyond Reasonable Doubt 

Under US law, the accused can only be guilty if the evidence offered to the court points toward their guilt beyond a reasonable doubt. If the judge or jury does not receive any satisfactory evidence, they will not be able to charge the accused with committing the crime. 

The jury’s verdict must have a united decision. Therefore, establishing a reasonable doubt is one of the most common defense strategies. 

A good way to question the integrity of the witnesses of the prosecution is by proving a biased fact, making the court believe the witnesses could be lying or putting forward that the witness was bribed.

Conclusion

Criminal charges can affect your personal and professional life. Strong criminal defense strategies can extricate you from the alleged crime or at least reduce the punishment.

While the stress in this situation may be intense, keep in mind that you’re innocent until proven guilty. So, hiring an experienced criminal defense attorney is the wisest step to defend against the criminal allegation.