Your Best Defense to Felony or Misdemeanor Charges
If you are charged with a crime, you need an experienced, passionate defense attorney who knows all the defenses and is not afraid to fight!
You Need an Attorney Who Is Not Afraid to Win.
If a defendant pleads not guilty, the law requires that the prosecutor prove every element of a crime beyond a reasonable doubt. There is a presumption that the defendant is innocent, and they need not prove anything. A great defense lawyer will establish a compelling and credible defense if the defendant claims they are not guilty. There are many defenses to criminal charges, and if one is successful, it can result in an acquittal at trial or dismissal of the case. Experienced defense attorneys know all possible defenses in criminal cases and will take the time to develop a winning strategy for every client.
An experienced, seasoned attorney must formulate a viable criminal defense and introduce it over possible objections. An experienced lawyer knows what evidence to introduce and how to introduce it. Many lawyers will not take the time or energy to build a credible defense, and many do not have the litigation skills necessary to put forth a winning defense in their cases.
In this three-part series, we will review for you the following defenses:
- Self-Defense – Part I
- Alibi – Part I
- Impossibility – Part I
- Duress – Part I
- Necessity – Part I
- Entrapment – Part II
- Involuntary Intoxication – Part II
- Claim of Right – Part II
- Insanity – Part II
- Consent – Part III
- Statute of Limitations – Part III
- Abandonment and Withdrawal – Part III
- Actual Innocence (mistake, accident, lack of intent, etc.) – Part III
The Entrapment Defense is Possible in Criminal Cases
A person is not guilty based on entrapment if the police engaged in conduct that would lead an otherwise law-abiding person to commit the crime in question or if the police engaged in conduct so bad that it cannot be tolerated. If the police merely present an opportunity to commit a crime, there is no entrapment, and this is a common and legal law enforcement tactic. If the police go too far, they may entrap an otherwise law-abiding citizen into committing a criminal offense. When entrapment is a possible defense in a criminal case, a skilled defense lawyer must carefully navigate defensive law enforcement officers, reluctant prosecutors, and skeptical judges.
This entrapment defense is very complicated and sophisticated, and virtually all judges will be strongly inclined to disallow this defense in court. Usually, only a highly experienced defense attorney would have the expertise to prove entrapment. Police and prosecutors loathe this defense, and to be successful, it takes an attorney who is not afraid to win!
Sentence Entrapment is a Partial Defense
A defendant may be guilty of a crime but might be entrapped by the police into committing a more serious offense. Sentence entrapment most frequently occurs in drug cases but can also occur in other crimes, like retail fraud, embezzlement, money laundering, wire fraud, and more. In the typical case, an undercover officer purchases small amounts of drugs from a suspect and then pushes him to sell more substantial quantities. If the increased quantities were driven by law enforcement to increase the potential jail time, the defendant might be innocent of the more severe charge. Although the prosecution will fight against any claim of entrapment, savvy defense lawyers make complex defenses in a criminal case possible when other, less skilled lawyers fail.
Intoxication as a Defense in Criminal Cases
Voluntary intoxication generally cannot be used as a defense except for crimes that require “specific intent,” and only if the defendant can prove that he did not know and reasonably should not have known that he would become intoxicated. Involuntary intoxication is a possible defense in criminal cases. Involuntary intoxication occurs when someone was unaware they consumed an intoxicating drug. For example, a person would become involuntarily intoxicated if they drank a beverage that had been unknowingly spiked. Involuntary intoxication can be a complete defense to a felony or misdemeanor.
You Cannot Be Guilty of Stealing Your Own Property – Claim of Right.
A defense to a charge of robbery, embezzlement, or any other type of theft crime whereby a defendant claims that he had a legitimate right to take specific property from another person. This defense is available even if the alleged theft was by force or was an honest mistake. A claim of right defense can be a powerful defense at trial and may result in an acquittal of all charges. Of all the possible defenses in criminal cases, the claim of right defense is one of the most easily understood by juries in Michigan.
Insanity – The Inability to form Intent is one of the possible criminal defenses
If the accused lacked the substantial capacity to understand either what he did or understand it was wrong, he would not be guilty because of insanity. Alternatively, a person would not be guilty because of insanity if he could not control his actions. These defenses are highly complex and require expert testimony. Any jury considering the defense of insanity must also be permitted to consider whether the defendant was guilty but mentally ill instead of insane. Guilty but mentally ill is also a possible defense in criminal cases.
Criminal Defense Attorneys – We Will Use All Possible Defenses to Help You
The dedicated, experienced, and fearless defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have successfully represented countless misdemeanor and felony charges in Michigan. We have a well-earned reputation for providing high-quality and aggressive representation. Our track record for successful representation is unparalleled, and we would welcome an opportunity to consult with you regarding charges against you or a loved one. Call us for a free consultation. We can review your case to determine if any possible defenses in criminal cases apply to your situation. If there is a way to help you, we will find it.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.