The Different Types of Defenses Against a Criminal Charge
As most people know, law is a complicated matter that requires in-depth knowledge and expertise. While many people think they understand the ins and outs of the various charges and types of defenses against criminal charges, this is not necessarily the case. From misdemeanors to felonies and state to federal crimes, there are many different types of charges that people may find themselves faced with. Some of the most common types of criminal charges include the following:
- Drug crimes
- Violent crimes
- Federal crimes
- Assault and battery
- Juvenile crimes
- Sex crimes
- Child abuse and neglect
If you find yourself faced with one of these charges and are in need of an experienced criminal defense attorney, please contact Atkins & Markoff today. We understand how devastating a criminal conviction can be to your record, which is why we are here to help you understand your rights and come up with a defense plan that will help you win your case.
Types of Defense
Just as there are various types of criminal charges, there are also different kinds of defenses against these charges. When you are charged with a serious crime, you will likely have a few options that your lawyer will discuss with you in regards to your defense. If you, the defendant, believe that you had a lack of choice in a certain situation, you may be able to claim one of the following types of defenses:
- Defense of Duress
This type of defense takes place when a defendant states that he or she completed a criminal crime because a third party was threatening them with bodily harm or death if the defendant did not go through with the crime. The laws regarding defense of duress vary from state to state, which is why it is imperative that you contact a criminal defense attorney from Atkins & Markoff to help you with your case.
- Defense of Self-Defense
Defense of self-defense may be applicable when the person accused of committing an assault or threatening to assault the victim was threatened or assaulted by the victim first. This is a common type of defense that is seen by the courts. In order to win this type of case, the defendant will need to show that had he not acted in self-defense, the other party would have caused the defendant significant harm or death.
- Defense of Infancy
This type of defense is used when the person being charged with the crime is not of an age at which he or she can be held liable for his or her actions legally. Because the laws vary from state to state, it is important that you retain the services of a criminal defense attorney to ensure you understand your legal rights.
- Defense of Mistake
This defense is used when the defendant is unaware of a fact or action that would have made his action illegal. In some instances, this type of defense is referred to as ‘defense of accident’. For example, if a store clerk sold alcohol to a 17-year-old minor that presented a fake I.D. and looked like he was of age, the clerk may be able to claim defense of mistake.
These are just a few examples of the different types of defenses an individual may be able to claim in Oklahoma. If you find yourself faced with a criminal charge, please contact an attorney from Atkins & Markoff so that we can help you understand your rights.