The Most Effective Criminal Defense Strategies
If you’re facing a serious criminal charge in New York, you might be wondering what the best strategy might be. The options are almost limitless for defendants in the Empire State, although the best strategy is obviously the one that provides the best legal outcome for you. Of course, you should always consult with a qualified, experienced criminal defense attorney in New York who can develop the best defense strategy for you. When you rely on these legal experts, it becomes much easier to pursue justice.
Understand the Factors that Impact Your Case
Before you and your attorney decide on a strategy, it’s important to understand the various factors that might impact your case. When you understand these factors, it’s easier to choose a strategy with a high chance of success:
- What is your explanation of the incident?
- Will you be considered credible?
- What is the evidence surrounding the case?
- What do the police reports say?
- What will experts say?
- What is the exact wording of the relevant laws?
- What kinds of strategies have the prosecution used in past cases?
- What opinions does the judge tend to express?
With all that said, here is a basic rundown of various strategies that may be effective in a criminal case:
- Insanity: The defense of insanity requires that the defendant prove that they were suffering from a mental disorder at the time the crime was committed. Not only that, but the defendant must also prove that this disorder prevented them from understanding the difference between right and wrong. This strategy may also be successful if the defendant can show that this disorder prevented them from controlling violent actions and impulses. While this strategy can be successful, it does come with notable consequences. If successful, you will still be held in a psychiatric facility.
- Mistake of Fact: The defense of “mistake of fact” is similar to the defense of insanity in that both defenses argue that you didn’t really understand what you were doing when you committed the crime. Mistake of fact means that you committed a crime by accident. For example, you might have walked out of a store with unpaid merchandise by accident.
- Self-Defense: If you committed a violent crime, you can argue that you were acting in self-defense. Under New York’s “Castle Doctrine” laws, you can legally kill someone if they enter your home and you believe that you are at imminent risk of danger.
- Duress: You can also state that you committed a crime because someone forced you to. For example, you can argue that you were being threatened with death unless you assisted in a crime.
- No Crime Occurred: Perhaps the most straightforward criminal defense strategy is to argue that no crime actually occurred.
Enlist the Help of a Qualified Attorney Today
Don’t hesitate to contact New York criminal defense attorney Phillip J. Murphy if you are facing criminal charges. Thanks to a wealth of criminal defense experience, Murphy has all kinds of creative strategies up his sleeve. Book your consultation today, and we can work together to develop the most effective strategy based on the unique circumstances of your situation.
Resource:
https://13wham.com/news/local/new-yorks-laws-when-it-comes-to-the-castle-doctrine
https://www.phillipmurphylawyer.com/can-a-criminal-defense-attorney-make-my-charges-go-away/