What Does the Defense Do in a Criminal Case?

Being charged with a crime can be overwhelming and can make you feel a great deal of pressure. Retaining the services of an experienced criminal defense lawyer can be indispensable, as they can help you build a valid defense and work out a plan for your case. You may not be entirely aware of the role that a defense attorney plays in a criminal trial, but they will be experienced in what the defense does in a criminal case.

When you decide to hire a Charlotte, NC, criminal defense law firm, you gain access to all the strengths, focus, and determination of a criminal defense attorney. Establishing and maintaining a strong, reliable defense for your case is paramount and could be the deciding factor between success and failure.

The Defense’s Role in a Criminal Case

It is important to hire a defense attorney you feel comfortable with and can provide you with options regarding your defense. Here are some of the significant tasks and responsibilities that a defense attorney can provide for you during the duration of your case:

• An Understanding of the Law: First and foremost, you will want to hire a defense attorney who understands the ins and outs of your case and the charges against you. In addition to understanding the charges, they will also understand the relevant laws that will come into play when it comes to defending you in court. You can’t develop a defense without first understanding the laws that you are being accused of breaking.
• Developing a Strategy: Once your attorney understands the charges leveled against you and figures out which relevant laws to apply to the case, they will start to develop a significant legal strategy that will be the most effective way to combat those charges in court. This could be any number of paths that will work for your case, including challenging the prosecutor’s evidence, negotiating a plea deal, or arguing for a reduction in sentencing.As a part of this strategy development, an attorney can help you gather evidence that might be necessary for your defense. This can include talking with witnesses of the crime, obtaining video surveillance from nearby cameras, and resourcing expert witnesses if necessary.
• Advocating in Court: A defense attorney’s primary goal is to represent their client’s interests and protect their rights, in and out of court. If your case makes it to the courtroom, attorneys advocate on your behalf, provide evidence that helps your case, and do what they can to persuade the judge and/or jury that you are innocent of the charges against you.
• Negotiating a Plea Deal: Sometimes, if your case appears to be heading in a less than favorable direction, your defense attorney may advise negotiating a plea deal. A plea deal is essentially an agreement where you will plead guilty to certain charges in exchange for a lesser sentence or even a dismissal in some instances. Your defense attorney knows the most effective way to help you, and a plea deal could sometimes be the answer.
• Constant Support: When you hire a defense attorney, you are likely doing so because you are in a dire situation and in need of legal support. A defense attorney provides constant support, an ear for listening, and an understanding of your situation. A criminal charge is a stressful situation that you may not know a lot about. You can feel comfortable asking your lawyer about anything you may be curious about.

FAQs

Q: What Is the Purpose of a Defense to a Criminal Charge?

A: The purpose of a defense in a criminal charge is to allow the accused to plead their case and ensure their rights are protected. The Constitution provides every American with the right to a fair trial by a jury of their peers. You risk a hefty loss and substantial consequences without establishing a defense and hiring legal representation to argue on your behalf. A defense attorney can argue your case and do what they can to make sure you are given fair treatment in court.

Q: What Does the Defense Do in a Case?

A: The defense is responsible for representing the party that is accused and charged with a crime. The burden of proof falls on the prosecution, who must provide evidence that you committed the crime in question. The defense will then refute that evidence in court and do what they can to establish reasonable doubt by poking holes in the prosecution’s case by using expert witnesses, cross-examining any witnesses, and using fact-based logic to refute the opposition’s statements.

Q: What Is the Defense of a Crime?

A: You and your lawyer can take multiple avenues of defense in a criminal case. Ultimately, your lawyer will do what they can to establish reasonable doubt by challenging the prosecution’s case and convincing the jury that you could not have committed the crime. There are many different ways to establish a defense, ranging from arguing that someone else committed the crime and you were falsely charged to claiming there was no intent to ever commit a crime in the first place.

Q: What Is an Example of a Defense for a Crime?

A: There are many examples of a defense for a crime. One such example is the insanity plea. In the insanity plea, your criminal defense lawyer will attempt to convince a judge and/or jury that you are legally insane or suffered a bout of temporary insanity while the crime was committed. Essentially, an insanity plea means that you were unable to understand the difference between right and wrong at the time.

Reach Out to a Criminal Defense Lawyer for Help

Establishing a successful defense is vital to getting the desired outcome of your case. The Law Office of Kevin L. Barnett can help you figure out a way to establish that defense and work with you to seek victory in your case by providing you with options and answers. Contact us to speak to a valued team member and see how we can help you.