Los Angeles Criminal Defenses
If you are charged with a crime it is important to be able to tell your side of the story. Based on the facts and circumstances surrounding your case you may have valid legal defenses to the charges against you. It is important to discuss your case with an experienced criminal defense attorney to determine which defense or defenses may be available to you. Your attorney may present your defense to the judge or prosecutor at an early stage in your case and get the charges against you dismissed. Alternatively, your attorney may present your defense to the judge or jury at your trial where the judge or jury may acquit you of all charges based on a valid defense. Below is general information regarding legal defenses.
Self Defense/Defense of Others
Self defense or defense of others is a common legal defense raised to fight assault, battery, manslaughter, or murder charges. The basic rule is that if you reasonably fear imminent death or great bodily harm to yourself or others, you may use force against another person to protect yourself or others. Generally, you may only use the same amount of force that is threatened against you or others. Therefore, you may only use deadly force against another if you are in fear for your life or the lives of others. In many cases where there is a valid self defense claim the prosecutor may still file charges against you. If this sounds like the situation you are currently facing, it is important to retain a criminal defense attorney so that witnesses and evidence can be gathered to develop this defense.
Consent
Consent may be a valid defense in cases where it is alleged that you have caused some harm to a victim. In many cases the alleged victim may have consented to the act that allegedly caused harm to him/her. If the victim consented to your behavior, then California law does not hold you criminally liable. Be careful! There are some crimes, like statutory rape, where consent is not a valid defense. If you think your case falls into this defense category contact a criminal defense attorney to get more information about whether or not the crime you are charged with is eligible for this defense.
Mistaken Identity
In many criminal cases mistaken identity is the reason why charges have been brought against a particular defendant. Many factors can lead to the misidentification of a defendant. Many times if you match the general description of a criminal suspect or if you were at the wrong place at the wrong time, you may be mistaken as a criminal perpetrator. Discuss your case with an experienced criminal defense attorney who can gather evidence to show that you are not the person criminally responsible for the conduct charged. This may be done by presenting an alibi in court. An alibi proves that you were not physically present at the time and place that the crime occurred. If you were not present, there is no possible way that you could be the guilty party. Discuss your case with a criminal defense attorney to develop your alibi.
Duress
If you commit a crime under duress, California law excuses your criminal behavior. You may have a valid duress defense if you committed a crime because another person’s threats compelled you to do so. Duress is a valid defense to all crimes in California except for murder.
Entrapment
If law enforcement harassment or coercion causes you to commit a crime then you may have a valid entrapment defense. This defense is normally raised in cases dealing with undercover police operations. Unlike other defenses, this defense must be proved by a preponderance of the evidence. This standard requires that you present enough evidence in court to show that it is more likely than not that you would not have committed the offense but for the entrapment. This may be a valid defense for certain drug offenses or sex crimes. Because this is a difficult defense to present in court, discuss the facts of your case with an experienced criminal defense attorney to determine if you have a valid entrapment defense.
Insanity
California law does not hold you criminally liable for crimes committed by persons that were criminally insane at the time that the crime was committed. In California, to present a valid insanity defense you must show that at the time you committed the offense you either, (1) you did not understand right from wrong or (2) you did not understand the nature of your actions. Unlike other defenses, the defendant must prove this defense by a preponderance of the evidence. This requires that the defense show that it is more likely than not that the defendant meets the insanity test. This defense is not common and requires intense case and trial preparation including psychiatric evaluations. If you believe you may have a valid insanity defense, contact an experienced criminal defense attorney to begin preparing your case.
Contact the Firm
If you or someone you know is facing criminal charges in Los Angeles, or the areas we serve in the state of California, Contact a Los Angeles Criminal Defense Attorney today! Call us at 626-443-4593.
