Criminal offenses have different classifications based on the age of the victim, the intent of the accused, and whether the crime was malicious. When presenting a case to the court, the prosecutor must prove guilt without a shadow of a doubt.
The purpose of hiring a defense attorney is to discredit the prosecution’s case and prove the defendant’s innocence.
Understanding the Nature of The Crime
The type of criminal offense and exactly what happened define intent. When approaching a criminal case, attorneys seek to exonerate the accused, but if their client committed a crime unintentionally, this factor changes everything. In a murder case, the defendant is facing up to life in prison or, in some states, the death penalty.
How the case and the sentence play out depends greatly on the defendant’s intentions. A person who is facing a criminal conviction gets help at kennyperezlaw.com now.
Are You Eligible for Bail?
During the individual’s arraignment, the judge determines if the person is a flight risk and a threat to society based on the crime for which the defendant is accused. An individual who is not accused of a dangerous crime such as murder, who has no previous criminal history, and hasn’t presented any reasons to be classified a risk has the opportunity to post bail.
After the person is bonded out of the county jail, there are conditions that must be met or their bond is revoked and the person goes back to jail.
What Are the Penalties for the Criminal Infraction?
When reviewing the client’s case, the criminal defense attorney looks at the individual’s previous criminal history. A repeat offender is more likely to face higher classifications for the crime than a person who has never faced a criminal charge.
The age of the victim, the crime itself, and the overall outcome of the crime define the exact penalties imposed if the person is convicted.
What Defenses Are Used in These Cases?
The age and mental capacity of the defendant aid with certain defenses. For example, a minor who is too young to understand that they have committed a crime has the defense of infancy.
The same applies to a person who is mentally incapable of understanding what a crime is or that they’ve done anything wrong. The circumstances of the crime and specifics about the defendant may open the door for a multitude of criminal defenses.
A Review of the Evidence
Before the prosecution presents the full case to the court, the defense attorney has access to all evidence pertaining to the case. By knowing what proof the prosecutor has against the defendant, the defense attorney determines if the proof is circumstantial or concrete.
An eyewitness that places the person in the location where the crime took place doesn’t present as effective evidence as DNA found on a murder weapon. By reviewing the evidence, the attorney determines suitable ways to discredit the proof and defense the accused.
Criminal defense attorneys evaluate the case against the defendant and look for a clear defense when possible. Since the attorneys understand how the cases work, the lawyers present an effective defense and find evidence to prove the accused party’s innocence.
By reviewing all the ways a defense attorney can help, clients can build a case and have a viable option for avoiding a conviction.