One of a Winston-Salem defense attorney’s core roles is to determine the best strategy for your case. The right approach depends on your specific circumstances, and a good defense lawyer will examine all the options to see which one best fits your situation. Greenwood Law provides insight into some possible defense strategies for North Carolina criminal cases.
Mistaken Identity
Police officers and eyewitnesses are only human, and sometimes they make mistakes. Unfortunately, these mistakes can lead to a wrongful arrest and major legal trouble for someone wrongfully accused. For example, the city of Detroit recently agreed to pay $300,000 to a man wrongfully accused of shoplifting due to faulty facial recognition software.
The Alibi Defense
When a defendant has an alibi for a crime, it means they were somewhere else when the offense occurred, meaning they couldn’t have committed it. Eyewitness testimony, video footage, cellphone location data, and other evidence can all demonstrate a defendant wasn’t at the location where the crime occurred.
Self-Defense
Defendants accused of violent crimes like battery or homicide may argue that they acted in self-defense, meaning they had no intent to commit a crime. The key to this defense is to show how the defendant had a reasonable fear of imminent harm and that they responded by using appropriate force.
Entrapment
The entrapment defense involves showing how the police convinced or coerced a defendant into committing a crime they would not otherwise have committed. This defense is difficult to use, as it requires defendants to prove that a law enforcement agent came up with the idea for the crime and that the defendant wasn’t already willing to break the law.
Violations of Constitutional Rights
If the police or prosecutors violated a defendant’s rights during or after an investigation, the defendant can use these violations as the basis of their defense strategy. For example, the Fourth Amendment to the Constitution protects people from unreasonable searches by the government. If the government obtained any evidence through an illegal search, the defendant and their legal team could seek to have the evidence dismissed. Without critical evidence to support their case, prosecutors may drop or reduce the charges against a defendant.
Showing a Defendant Committed a Lesser Offense
In some cases, arguing that a defendant committed a lesser offense is a better strategy than arguing for their innocence or trying to get a case thrown out on procedural grounds. For example, someone accused of armed robbery could argue that they didn’t use a deadly weapon when they committed the offense. While the defendant may have committed the crime, not using a weapon means they aren’t guilty of armed robbery, leading to a lesser sentence for a reduced charge.
The Insanity Defense
The insanity defense involves demonstrating a defendant could not understand what they were doing or tell right from wrong when they committed a crime. This defense has become less common in recent years due to the difficulty of proving a defendant’s mental state at the time of a crime, but it may apply in some cases.
Contact a Winston-Salem Criminal Defense Attorney Now
If you face criminal charges in North Carolina, Greenwood Law can represent you and find the best defense strategy for your situation. Call us today or complete our contact form for a confidential consultation.