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Criminal attorney in Boise and Nampa, ID, explains the different defenses
Posted: May 09, 2022
A criminal attorney represents you in court
The best criminal attorney in Boise and Nampa ID helps you navigate the complex criminal prosecution trials. They aim to make sure you get a significant verdict, so they use all of the tools at their disposal.
One of the ways that criminal attorneys go about discrediting the accusations is by instituting defenses. The criminal attorney can use various defenses available to any defendant. Most of them are practical and look to evade punishing actions or outcomes. In other areas, such defenses help the defendant get a less harsh sentence which is critical.
This article looks at some of the defenses at the criminal attorney’s disposal;
Failure of proof
This is perhaps the simplest defense that any criminal attorney seeks to use in criminal prosecution. Failure of proof claims that the prosecution cannot prove elements of the offense. In essence, it aims to have the case thrown out of court.
Mistakes and misdemeanors
There are instances where individual mistakes can be applied legally in defense. The criminal lawyer strives to prove that the mistake was either one of law or fact.
Mistakes of law involve those pointing to gaps in the law or legal status of a situation. The mistake of fact relates to the case facts not being authentic or sufficient to prove an offense.
Justification actions
These are also called complete or total defenses. They include;
- Self-defense – here, the accused commits a crime to defend themselves from injury or harm by another party.
- Property defense – in this case, the accused used force to protect their property.
- Defense of third parties – defense argues that the accused engaged in the criminal act to protect another person. The attorney must prove that the accused used reasonable force in such a case.
- Necessity or a choice amongst evils – in this case, the defense argues that the defendant engages in a crime to avoid greater problems or harm.
Excuses
These are also known as partial defenses, and they relate to excuses of why the defendant performed the crime. Such defenses include;
- Insanity – argues that the accused was not in the right state of mind, hence cannot be deemed guilty in court.
- Duress – The plea states that the accused acted unlawfully while under threat or force from another party.
- Intoxication – defense can use intoxication as a plea to show that the accused was not in the right mental state to perform certain crimes.
Find the best criminal attorney in Boise and Nampa, ID
You need to find the best criminal attorney in Boise and Nampa to help institute proper defenses for your case. They have the know-how to make sure you get a favorable outcome.
Sasser & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started.Sasser & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get