Don’t I Have the Right to Defend Myself or Other Defenses?

So did you do it or didn’t you? The problem when it comes to criminal justice is that it is a question that is not so simple to answer. There are a lot of legal defenses to criminal charges in Minnesota and around the country that provide a legal justification for what would otherwise be a crime. Some of these are also called affirmative defenses as they result in a burden when using them to prove a claim. The purpose of the this article is to look at some, but not all, of those criminal charges.. If you are facing serious criminal charges, make sure that you consult with an experienced Minnesota criminal defense attorney.

“If you are charged with a criminal offense, looking at possible legal defenses may be critical.”

What are Some of the the Legal Defenses Available to Me?

Presumption of Innocence

The presumption of innocence is available in every criminal case and a defendant does not have to prove anything. Hence, this is not an affirmative defense. It applies without presenting any evidence whatsoever. It simply requires the state to provide their case beyond a reasonable doubt.

Self-Defense and/or Defense of Others

In certain cases including cases of violence, force and domestic assault, self-defense and defense of others is always a legitimate option. In the end, this applies when “you did it” but you did it for a reason, to protect yourself or somebody else. This is a complete and legal defense. Of course, this must always be a legitimate and reasonable defense and you must have a basis for using this defense. An experienced defense attorney can help here.

Entrapment Defense

An entrapment defense applies when the Defense argues that but for the actions of the police, a defendant would not have been involved in the criminal activity. This is a complete defense but can be hard to wield because some efforts on the front end by a defendant may be enough to establish the charge and even conviction. An example might be a prostitution sting case. It is best to consult with a Minnesota criminal defense attorney.

Alibi

Alibi is an affirmative defense which generally requires certain specific information in order for the Court to provide a jury instruction. These include specific place or places where the Defendant contends they were when the alleged offense occurred and usually with whom they were with.

Duress

In certain situations, individuals may find themselves involved in criminal activities by duress or compulsion. Essentially, you committed something under external pressure and were forced to do this based upon circumstances.

Insanity or Mental Illness or Incapacity Defense

The insanity defense is rarely used but is available as an option. Essentially, with the help of mental health experts, the defense is Not Guilty by reason of insanity. The purpose is to build a compelling case for a client's lack of criminal responsibility based upon mental incapacity. In Minnesota, it is frequently referred to as Mental Illness or Deficiency.

“Its important to remember that some defenses require more than just claiming them. Without sufficient evidence, the Judge may let you use it.”

If you are facing serious criminal charges, having a defense to the charge may be absolutely critical. Presumption of innocence is always available to you but many others require work on the front end of a case to make sure you can use it on the back end. An experienced Minnesota criminal defense attorney may help.

Jack Rice is a nationally known criminal defense attorney. Jack is also a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense, a boutique criminal defense firm based on Cathedral Hill in St. Paul, MN. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, Jack Rice Defense.