Court cases can be very dramatic and interesting enough to merit public attention, most especially with criminal court hearings where it may involve high-profile and celebrated criminal cases.
Criminal cases involve cases where an act of crime was committed and the court determines the fate of a suspect, whether guilty or not. Both plaintiff and defendants are represented by attorneys, such as a criminal defense attorney Virginia Beach either as a prosecutor or defense counsel.
In cases like these, the role of Virginia Beach criminal law attorneys is critical in representing each of the different parties and to ensure that the rights of all parties are protected and the make sure that anything that ensues in the proceedings is within the legal framework.
If an accused person is charged for a crime, their lawyers are required to come up with a defense for their client’s case and collect evidence and secure witnesses to testify in favor of their clients before the court.
Here are some of the most common defenses used in criminal cases or trials.
Statute of limitations
This is one of the most common defenses which any criminal defense attorney Virginia Beachcan attest tois a defense based on the statute of limitations. This means that most crimes must be the subject of a formal charge within a certain period of time from the time the crime was committed or occurred.
The time period may depend from one state to another or on nature of the crime, such as misdemeanors, but are often not applied to most violent crimes such as murder or homicide.
A defendant that has exceeded the statute of limitations without getting a formal charge can be released from prison or can no longer be charged for the crime.
This is commonly used for assault or battery charges, where a defendant uses it to justify an act such as hitting another person for self-preservation or survival against an attacker. Defendants usually claim that their actions were done unintentionally and not pre-meditated since it is a response to a threat against their safety or security.
This defense is often used to justify a criminal act by defendants claiming to suffer from a mental disorder which prompted them to perform an action without the conscious ability to determine the act as right or wrong.
The grounds for insanity prevents those with diagnosed mental issues from receiving punishment for their crimes similar to other criminals, such as serving time in a mental facility instead of a prison facility.
This defense often involves the defendant is capable of providing evidence such as being in a different location from the crime scene at the time it was committed. Evidence provided can be from a witness or any material evidence to support the defense claims. Alibi defense helps you try to prove that you were not at the crime scene and was at another location at the time of crime which really helps you to makes your case in your favour.