3 Common Defenses Used By Criminal Defense Attorneys In New York
Facing the law can be a heart throbbing experience for anyone around the world, especially when you are innocent. But to say the least, there are defense attorneys willing to defend your position from the prosecutor. There are 3 main types of common defenses that the criminal defense attorneys use in New York.
According to law, no punishment can be served against any act done for one’s self-defense. This is a case where the defendant is charged with any assault. If faced with any possible situation that posed a threat that forced you to take action for your own protection, then that will be considered a self-defense. There are different circumstances according to the situation that depends on the law, like using a knife in a fist-fight or a gun in a knife fight, or simply helping someone who is being harmed. But the claim of self-defense is common, where the attorney on your behalf, will be required to show enough evidence that the force of self-defense used by the defendant, was imperative for their own protection.
Any crime committed also highly depends upon the intentions. Let’s say for example, stealing from a grocery store with the intention of feeding your family or not to go hungry, rather than deliberately stealing someone’s property with the intention to cause distress and cater to personal enmity. In this case, the attorney may use the ‘lack-of-intent’ defense and might need to reason the evidence within the circumstances and situation given.
3. The Burden of Proof
The burden of proof is on the prosecutor. The defendant will have the benefit from the prosecutor on the spot, where the attorney might have the ability to use their evidence or proofs, and make their defense arguments much stronger. If the prosecutor has failed to provide enough evidence and proof against the defendant, then the defendant shall not be declared guilty by the judge. The defense attorney can even allege the failure of the prosecutor for not providing enough proof.
These are some of the common defenses that the criminal defense attorneys use in New York, on behalf of their clients, in order to keep the client’s position safe by facing the official law. If you have unfortunately been charged with such assaults, then contact King Law to speak with an experienced and qualified defense attorney within an industry-leading law firm that advocates for the right of their clients in times of need.