Federal criminal defenses are strategies used to disprove or weaken the prosecution’s case or justify actions that might otherwise be criminal.
There are several types of defenses in criminal law, including self-defense, insanity, alibi, necessity, and coercion.
Understanding the various types of defenses in federal charges can help you navigate your legal situation, but it’s always advisable to consult with a skilled Orlando criminal defense attorney to guide you through the process.
Types of Defenses in Federal Charges
One defense that is always available to criminal defendants at trial is arguing that the prosecution simply did not prove their case beyond a reasonable doubt. The burden of proving that you committed a crime is always on the prosecution.
They must prove each element of the crime beyond a reasonable doubt to get a conviction. If your attorney can emphasize weaknesses in the prosecution’s case and show that there is, in fact, a reasonable doubt as to your guilt—technically, a jury should acquit you.
Another way your lawyer can help exonerate you is by challenging the admissibility of evidence against you. If law enforcement violated your Constitutional rights during the investigation or arrest phase, your lawyer can move the court to exclude the evidence collected as a result of such violations.
If the court grants your motion and excludes enough critical evidence, this can greatly weaken the government’s case.
That being said, there are also some specific defenses we can discuss.
Alibi
An alibi defense asserts that you were not at the scene of the crime and, therefore, could not have committed it. Typically, to use an alibi defense effectively, you must provide notice of your intent to use an alibi defense to the prosecution. The notice should provide the prosecution with the following information.
- Notice of location. The notice must state the specific time and place you claim to have been when the crime occurred. You can include witness testimony, video surveillance, or documentation such as receipts or logs to show that you were elsewhere.
- Witness information. Your notice must also state the names, addresses, and contact information of any alibi witnesses.
Thorough preparation and corroborative evidence can help make an alibi defense more convincing, so it is important to have an experienced attorney to guide you.
Affirmative Defenses
Affirmative defenses occur when you acknowledge you committed a criminal act but argue that certain circumstances justified your actions. These defenses focus on justifying your actions or proving that, despite the act, criminal liability should not attach.
Self-Defense
Self-defense occurs when you commit an act that would otherwise be a crime, but you did it to protect yourself or another person from imminent harm. To successfully claim self-defense, you need to prove:
- There was an immediate threat of violence or harm against you or another;
- The force you used to protect yourself was reasonable and proportional to the threat; and
- You did not provoke the attack or create the dangerous situation involved.
For example, if an aggressor threatened or struck you and you used reasonable force to defend yourself, this defense might be applicable.
Insanity Defense
The insanity defense argues that you were suffering from a severe mental illness or defect at the time of the crime. To successfully use this concept in defending a federal criminal case, you must demonstrate that your mental illness or defect rendered you unable to understand the nature of your actions or distinguish right from wrong.
If you have a documented mental illness that impaired your ability to understand your actions or the consequences of those actions at the time of the offense, this defense might be relevant.
However, proving insanity often involves extensive psychological evaluations and expert testimony. It is rarely successful—but can be a viable defense in some cases.
Necessity
The necessity defense argues that you committed a crime to prevent greater harm from occurring. To claim necessity, you must show:
- Immediate danger—you were facing an emergency situation where committing the crime was necessary to avoid more serious harm; and
- No legal alternatives—you must show that there were no legal alternatives.
For instance, if you trespassed on private property to flee from an attacker, you could argue that you committed the crime out of necessity.
The necessity defense requires proving that the harm you were trying to avoid was imminent and substantial, so it is important to have a skilled attorney to make your case to the court.
Coercion
Coercion, also known as duress, is a defense where you claim that you were forced to commit a crime because of threats or pressure from another person.
To successfully use this defense, you must prove that you were under a real and imminent threat of serious harm and had no reasonable way to avoid the harm other than committing the crime.
Why Should I Consult a Criminal Defense Attorney?
Understanding and applying these defenses can be complex and requires careful legal analysis. Consulting with an experienced federal criminal defense attorney in Orlando is crucial because they can evaluate your case and advocate on your behalf.
Why Choose Moses and Rooth?
Choosing the right federal criminal defense lawyer can significantly influence the outcome of your case. At Moses and Rooth Attorneys at Law, we are dedicated advocates in Orlando, Florida, intimately familiar with strategies for defending a federal criminal case.
Our team combines extensive criminal trial experience and a thorough understanding of both federal and state criminal laws and procedures. In other words, we know how to vigorously protect your rights.
At Moses and Rooth, we adhere to the principle that every individual is presumed innocent until proven guilty. This fundamental belief guides our approach and helps us to deliver a comprehensive, strategic, and steadfast defense for each client we serve.
Our dedication goes beyond traditional legal representation; it represents a commitment to safeguarding your rights, preserving your reputation, and securing your future. Call or contact us online today.
Jay R. Rooth
Jay is an experienced and dedicated attorney. Whether you need help with a DUI or a more serious felony, Jay is ready to fight for you. Not only is Jay highly regarded by his peers, he’s also strongly recommended by his clients. Jay obtained his Law degree from Barry University Law School. Jay is a active member of the Orlando Chamber of Commerce, the Federalist Society, Florida Bar Association, the Orange County Bar Association, the Central Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Attorneys.
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