The Defenses an Attorney Will Use in a Criminal Case

Being charged with a crime is no laughing matter. Fortunately, in the United States, there is a presumption of innocence for the defendant. The State must prove the defendant's guilt beyond a reasonable doubt to a jury of their peers. If you ever find yourself in this situation, you'll need a defense attorney to represent you in court. While it's true that you have the right to represent yourself, this is rarely a very good idea. If you go the wise route and hire someone, he will analyze your case and, together, you will come up with a defense to present in court. It will probably take one of the following forms.

Plea Bargain

A plea bargain is where an attorney negotiates with the prosecutor, who may feel as though he does not have a strong enough case to convince a jury of the defendant's guilt. Sometimes, a plea bargain may be accepted simply to save time and money. Whatever the circumstances, the deal will be made for a guilty plea in exchange for some lessening of the charges on the part of the prosecution. Depending on the severity of the charges, it could mean anything from dropping the death penalty in exchange for life in prison to getting probation and a fine as opposed to jail time.

Not Guilty

A defendant and his defense attorney may choose to enter a Not Guilty plea and go to a full trial. Even from this standpoint, the defense may take on many different forms. Often, there will be no separate defense put on. Rather, the defense lawyer will make his opening and closing statements, cross examine state witnesses, and let the prosecution's case stand on its own (lack of) merit. Alternatively, he may put on a full defense after the state's case has rested. This will include calling witnesses, including the defendant himself in some instances. It is worth noting that the defendant is under no obligation to take the stand in a criminal trial and may opt not to more often than not.

Mitigating Circumstances

In some cases, the evidence for guilt is overwhelming, yet the defendant and his attorney will still attempt to mount a defense. The usual focus in these cases is on the mitigating circumstances. These may include proposing to the jury through evidence that the crime was committed in self defense, under the influence of drugs or alcohol, or while insane (whether temporarily or permanently). It is the hope of the defense in these cases that the jury will see fit to prescribe alternative punishments than those sought by the prosecution.