Criminal defense lawyers develop different legal and factual defenses for their clients, depending on what the client says happened and under what circumstances. Traditional defenses relating to the facts of the crime typically involve impossibility. An alibi is a common factual defense - the defendant claims he was in another location at the time the crime was committed, so it could not have been perpetrated by him. For this defense to be effective, it must be supported by additional evidence, such as testimony from witnesses who saw the defendant in another location during the relevant time frame. Unbiased evidence is usually the most effective. For instance, if a woman identifies the defendant as the man who raped her at 8:00 p.m. on Tuesday night, it is to the man's advantage when claiming an alibi to have a videotape of him at a different location. A convenience store, ATM, or other place of business could have caught him on surveillance in a different part of town at or near the time or the crime.
An affirmative defense is one in which the defendant admits to the allegations against him, but claims that he was either justified or is not actually culpable for the crime. Killing in self-defense is a good example. If Fred jumps out of the shadows of a Miami Beach alleyway and attacks George with a knife, George might pull out his handgun and shoot Fred. If George is ever charged with Fred's murder, he will claim self-defense - although he killed him, it was justified.
Similarly, suppose Fred jumped out of the shadows of the home he shared with George on George's birthday, festively dressed in a party hat and shouting "surprise!" Most people would be appropriately startled, but correctly identify the beginning of a surprise birthday part. If George is severely mentally ill and paranoid, however, he may believe that Fred is there to harm him. In that case, if he shot Fred and was later charged with his murder, George would probably claim insanity as his best defense. Insanity is permitted as a legal defense because although the defendant committed the crime, he was not of sound mind at the time the crime occurred, and so cannot be found culpable for his actions.
If you have been charged with a crime anywhere in Florida, contact the criminal defense lawyers at Musca Law.
An affirmative defense is one in which the defendant admits to the allegations against him, but claims that he was either justified or is not actually culpable for the crime. Killing in self-defense is a good example. If Fred jumps out of the shadows of a Miami Beach alleyway and attacks George with a knife, George might pull out his handgun and shoot Fred. If George is ever charged with Fred's murder, he will claim self-defense - although he killed him, it was justified.
Similarly, suppose Fred jumped out of the shadows of the home he shared with George on George's birthday, festively dressed in a party hat and shouting "surprise!" Most people would be appropriately startled, but correctly identify the beginning of a surprise birthday part. If George is severely mentally ill and paranoid, however, he may believe that Fred is there to harm him. In that case, if he shot Fred and was later charged with his murder, George would probably claim insanity as his best defense. Insanity is permitted as a legal defense because although the defendant committed the crime, he was not of sound mind at the time the crime occurred, and so cannot be found culpable for his actions.
If you have been charged with a crime anywhere in Florida, contact the criminal defense lawyers at Musca Law.
