What Are Common Defenses In a Criminal Case?

Many people facing criminal charges believe that they have no other realistic option other than to plead guilty and face the consequences. However, there are many arguments that a defendant can make in order to defend against their charges and have the charges dismissed.

First, a defendant may deny that they were involved in the crime at all. You can present this type of defense in several ways, including:

• Offering an alibi – You may offer evidence that you were somewhere else at the time of the offense occurred and, therefore, you could not have committed the crime. Alibi evidence includes witness testimony, receipts, video footage, and more.
• Attacking the evidence offered by the prosecution – If a prosecutor does not have enough evidence that you were involved in a crime, you should not be convicted. By attacking the quality and accuracy of the prosecutor’s evidence, you can break down the case against you. 

Though it may seem counter-intuitive, some criminal defendants admit that they were involved in the crime. However, they may present certain defenses that justify their involvement and their behavior. For example: 

• Self-defense – Illinois law¹ allows an individual to use physical force in order to protect themselves from harm caused by others’ physical force. Self-defense is not a valid defense in every case, however, as the law sets out numerous requirements for a valid self-defense claim.
• Insanity – Illinois law² also removes criminal liability for individuals with certain mental illness who cannot understand the criminal nature of their actions. If you can successfully assert an insanity defense, you will avoid jail time but may require at least temporary treatment for your illness.

Contact an experienced Chicago criminal defense lawyer to discuss your case

As a former prosecutor, criminal defense attorney Nenye Uche understands the way prosecutors work and how to effectively defend against criminal charges. Mr. Uche will always fight to protect your rights, to limit or eliminate the penalties you face, and to avoid wrongful conviction. The team at the law firm of Uche, P.C. can handle a wide variety of criminal matters, from DUI and traffic violations to violent crimes. Please call our Chicago office today at 312-380-5341 for a free, confidential consultation.

References:

¹http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K7-1
²http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K6-2