What Is the Most Common Argument of a Defense Attorney?

When you are facing criminal charges, winning your case means negotiating to have the charges reduced or dismissed, or receiving a not-guilty verdict at trial. While no two cases are exactly alike, an experienced Monroe criminal defense attorney can draw from a variety of tried and true strategies to develop an effective defense. If you are facing criminal charges, you may wonder, what is the most common argument of a defense attorney?

What Does a Defense Attorney Do?

A defense attorney works to ensure a defendant’s right to a fair trial is protected throughout the legal process. In the United States, every person accused of a crime is guaranteed certain protections, and a criminal defense lawyer’s role in the criminal justice system is to defend those rights, including:

• Due process of law, which means that a defendant is entitled to fair, impartial treatment based on established legal rules and procedures that prioritize an individual’s civil and legal rights.
• Reasonable treatment by law enforcement, which prohibits improper search and seizure, self-incrimination, and cruel and unusual punishment.
• Representation by a criminal defense attorney and a trial without unnecessary delays.
• Equal treatment

On a practical level, a defense attorney reviews the facts of the alleged offense and the procedures law enforcement followed–or failed to follow–and makes notes of the important factors that may influence the outcome of the case. Then, the lawyer compares these details with criminal laws, case law, and standard procedures to make sure their client’s rights have not been violated. From there, the attorney begins to construct a legal argument in defense of the client.

What Is the Most Common Argument of a Defense Attorney?

The short answer: One of the most common arguments of a defense attorney is that the evidence does not prove the defendant is guilty beyond a reasonable doubt. This may seem straightforward at first glance, but effectively supporting such a legal argument takes a deep understanding of criminal law, justice system procedures, a defendant’s Constitutional rights, the legal process, and the complexities of how these elements work together.

In a criminal case, each criminal offense has a specified set of conditions that must be met. For example, larceny, which is the legal term for theft, is the most common crime in Monroe. For an act to be considered larceny, a person has to take property owned by someone else, move it from its original location, not have the owner’s permission, and intend to keep it from the owner.

Union County Criminal Cases

According to the North Carolina Judicial Branch, the Union County Judicial Center on North Main Street saw 24,600 criminal cases filed in the latest fiscal year.

• 8 % were misdemeanors such as larceny or assault.
• 6% were felony charges like burglary, robbery, rape, or murder.
• 7% were misdemeanors related to driving, including hit-and-runs and driving while impaired.

The prosecutor’s job is to present evidence that proves beyond a reasonable doubt that the defendant performed the criminal act they are accused of. This is a high standard of proof, which means that most reasonable people would agree based on the evidence presented. So, each element of a crime must be proven by the evidence.

Common Defense Strategies

A Monroe criminal defense attorney can evaluate the evidence in a case and find elements to challenge, such as, in the case of larceny, the defendant having permission to take the property or taking it by accident and, therefore, not having the intent of keeping it from the owner.

Experienced criminal defense attorneys can use one or more common strategies for a favorable outcome. Which strategies are most effective varies, depending on the specific facts of the case.

Some of the most common legal defense strategies include:

• Alibi – the defendant could not have committed the crime because there is evidence that shows they were not in the location at the time the act occurred.
• Self-defense/defense of others – the defendant used a reasonable amount of force to protect themselves or someone else in the face of an immediate threat of serious harm or death.
• False allegations – no crime was actually committed, there was a crime, but the defendant did not commit it, or the act was a misrepresentation or misunderstanding.

FAQs

Q: What Are the Hardest Cases to Defend?

A: The hardest cases to defend are those that have very strong evidence that is difficult to challenge, regardless of the charge. Beyond that, it can be hard to defend a person who is accused of crimes against children, older people, disabled people, or other vulnerable communities; white collar crimes because the evidence is often complex and hard to understand; and very violent offenses like homicide.

Q: What Can a Defense Attorney Not Do?

A: A defense attorney cannot break the law, knowingly make false statements, or present false evidence. In addition, a defense lawyer cannot represent someone if they have a conflict of interest or do not have the necessary knowledge. A lawyer cannot refuse to represent someone because of guilt or innocence, and they must represent their client using all the skills and resources at their disposal.

Q: What Is the Main Goal of a Defense Attorney?

A: The main goal of a defense attorney is to ensure that their client’s rights are protected so that the defendant gets a fair trial. This is really the foundation of the legal system in the United States, so a defense attorney’s role in that system is integral. Defense lawyers take this responsibility seriously and work diligently to make sure every defendant receives equal treatment throughout the legal process.

Q: What Are the Main Lines of Defense an Attorney Can Use?

A: The main lines of defense an attorney can use are maintaining their client’s innocence of the charges, pointing out any ways that their client’s Constitutional rights were violated, arguing self-defense, or claiming that their client was not responsible for their actions due to a mental defect or disease that prevented them from understanding the nature and consequences of their actions.

Contact the Law Offices of Huffman & Kendrick

If you’re facing criminal allegations in Monroe or Union County, the legal team at the Law Offices of Huffman & Kendrick can help. Contact our office today to schedule a consultation.