There are many defenses that can be asserted to protect an accused person from a criminal conviction.
When a person is accused of committing a criminal offense, there are a multitude of defenses that may be available. Criminal charges may be avoided all together if a person accused of committing a crime hires experienced defense counsel
prior to a warrant being issued if a defense is presented early, persuasively and legitimately. If a warrant has already been issued and a defendant has been arraigned, the presentation of a genuine defense in a felony or misdemeanor case can result in an outright dismissal of all charges. In those cases where charges cannot be avoided and a dismissal is not offered, there are countless defenses that can be asserted by a criminal defense attorney at trial and which may result in a not guilty verdict.
Examples of Defenses Recognized in Michigan Courts – Not Guilty is Possible
Below are examples of only three of the many defenses that are recognized in Michigan:
Accident as Defense to Specific Intent Crime
If the defendant did not intend to commit a specific intent crime, he is not guilty. The prosecutor must prove beyond a reasonable doubt that the defendant intended to commit the crime and that the act was not an accident.
Lack of Presence (Alibi)
The prosecutor must prove beyond a reasonable doubt that the defendant was actually at the scene of the crime when the alleged offense was committed. The defendant does not have to prove he was somewhere else. If, after carefully considering all the evidence, the jury has a reasonable doubt about whether the defendant was actually present when the alleged crime was committed, the jury must find him not guilty.
In this defense, the defendant says he is not guilty because someone else’s threatening behavior made him commit the alleged offense. This is called the defense of duress. The defendant is not guilty if he committed the crime under duress. Under the law, there was duress if (1) the threatening behavior would have made a reasonable person fear death or serious bodily harm, (2) the defendant actually was afraid of death or serious bodily harm, (3) the defendant had this fear at the time he acted, (4) the defendant committed the act to avoid the threatened harm and (5) the situation did not arise because of the defendant’s negligence.
The prosecutor must prove beyond a reasonable doubt that the defendant was not acting under duress. If the prosecutor fails to prove that the defendant was not acting under duress, the jury must find the defendant not guilty.
What defense may apply to you or your loved one?
As stated above, there are many defenses that may be available to a person charged or accused of committing a criminal offense. An experienced criminal defense attorney will have the ability to analyze an alleged offense, the background of the accused, and the circumstances of the situation to determine what defenses may be available. If one or more defenses are available, a great criminal defense lawyer will be able to present the defense in the most persuasive and credible way possible.
The highly experienced and proficient criminal defense lawyers with LEWIS & DICKSTEIN, P.L.L.C., will gladly give you a free consultation to determine what legal defenses may be available to your or your loved one. Please call us at (248) 263-6800 or click here
Criminal Defense Attorney
LEWIS & DICKSTEIN, P.L.L.C. has criminal defense lawyer’s that can help you in the following locations:
Genesee County Criminal Defense Attorneys
Lenawee County Criminal Defense Attorneys
St. Clair County Criminal Defense Attorneys
Kent County Criminal Defense Attorneys
All other counties in the State of Michigan