If you were recently arrested for a crime that you are guilty of committing, you may be hesitant admitting guilt simply because you might be afraid of what the consequences will be. When you hire a criminal defense attorney, he or she may suggest admitting guilt, but the lawyer might use a defense theory to justify your actions. Here are some of the common defense theories criminal defense lawyers use when defendants are guilty of crimes.
Self-Defense
According to Princeton University, every civilian of this country has the right of self-defense. This is a common defense used in criminal cases, and it often allows the accused to get charges dropped, even if they killed another person.
Using this defense theory can be difficult because you must prove that your actions were a result of what someone else did. Relying on this theory involves having enough evidence to prove that someone else did something that caused you to react in the way that you did.
A recent case that involved a claim of self-defense occurred in 2012 between George Zimmerman and Trayvon Martin. This case was extremely controversial; however, the shooter George Zimmerman, was acquitted of murder charges on the basis that he shot Martin because of self-defense.
Insanity
A second defense your lawyer might suggest using is insanity. Using insanity as a defense is done to prove that you were not acting with your right mind at the time the crime took place. If your lawyer can prove this is true, the court may recommend treatment for mental illness instead of a prison sentence.
The downside to this angle is proving it. It can be incredibly difficult to prove that you were temporarily insane while you committed a crime, especially if you have no history of mental illness. This is a good angle to take if you have a history of mental illnesses or emotional problems.
One of the most famous cases of a defendant pleading insanity involved a man named John W. Hinckley, Jr. and President Ronald Reagan. In 1981, Hinckley shot President Reagan, but did not kill him. Hinckley's attorneys used the plea of insanity during the trial, and Hinckley was acquitted of the crime because the judge believed that he was insane at the time of the incident.
If your attorney wants to use this plea, it is likely that you will have to visit psychiatrists for evaluations, and you may also need to have medical tests conducted to check the state and condition of your brain.
Entrapment
The third legal defense your lawyer might recommend using is entrapment. This is a tricky defense to use, and it can be hard to prove. Entrapment involves a situation where a law enforcement officer (police officer, undercover agent, etc.) persuades you to commit a crime.
One key element of proving entrapment is that you must prove that you initially had no intent of committing a crime, until a law enforcement officer encouraged you to do it.
One of the most famous cases of entrapment occurred in 1958, and is the case of Sherman v United States. In this case, Sherman was a drug dealer, but had stopped dealing drugs. He was then lured into dealing drugs for an undercover officer, and his charges were dropped because his lawyers used the entrapment defense.
Finding the right defense theory and angle can be difficult, but a good criminal defense attorney will investigate all the evidence before choosing which defense to use. In some cases, pleading not-guilty is a good option, but there are many times when pleading guilty is a better choice, especially if you can use one of these legal defenses.
