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Coercion or Duress Defense
The Coercion or Duress Defense is an affirmative defense that may be utilized in various types of criminal cases. Generally speaking, this defense applies when someone feels they have been coerced into committing a crime by another party.
Criminal lawyers Melbourne come in two varieties: defense attorneys and prosecutors. Prosecutors investigate and prosecute crimes, while defense attorneys represent those accused and uphold fundamental rights under the law.
In order to prove a case, the defendant must demonstrate they were under an actual and reasonable fear of serious bodily harm or death. This fear must be based on an immediate threat, not just one in the past or one in the future.
To successfully defend against duress, the defendant must prove they had no other means to escape danger than by committing the crime. Otherwise, the prosecution can easily discredit this defense.
Involuntary Intoxication
The Involuntary Intoxication Defense is a legal strategy that can be employed in certain criminal cases. In such instances, defendants can claim they were impaired by drugs or alcohol and thus incapable of forming the right intent to commit the offense.
Involuntary intoxication is frequently invoked as a defense to specific intent crimes (criminals who must form the intent to commit the offense). Examples include assault, where the defendant must have intended to cause harm.
A criminal defense attorney can help a defendant make an effective case for this intoxication defense. They also help determine if this defense applies to the type of crime they have been charged with.
In most jurisdictions, involuntary intoxication is not a complete defense to a crime. This means the defendant must still demonstrate that their intoxication had an impact on them such as to prevent them from forming the right intent to commit their offense.
Insanity Defense
The Insanity Defense is an affirmative defense used by criminal lawyers when the defendant had severe mental illness at the time of their crime. This can include nervous breakdowns, hallucinations, delusions and other types of psychological crises.
For this defense to stand, two elements must be present: awareness that their actions were wrong and inability to control them. These are essentially the same elements required by the M’Naghten rule.
Some jurisdictions also recognize the irresistible impulse insanity defense, which adds volitional element to the M’Naghten test. This typically requires that the defendant had a severe mental defect or disease and knew their behavior was wrong but could not stop it.
Criminal lawyers rarely use this defense, but it can be successful given the right circumstances and facts. For this reason, having an experienced trial lawyer who understands how to present your case to a jury is paramount.
Plea Deal Negotiation
Plea bargains offer criminal defendants an alternative to trial and the stress that goes along with it. This may help them avoid receiving a prison sentence that could last them the rest of their lives.
A plea deal may include a reduction of charges or an advice to the judge for a lighter sentence. This saves courts time and money, which is especially crucial when prosecutor dockets are full.
Plea bargains can sometimes prove challenging to reach, as prosecutors often overcharge defendants with more offenses or serious crimes than they are capable of proving.