Different Types Of Criminal Defence Strategies

Different Types Of Criminal Defence Strategies

When a criminal lawyer is going to defend your case in the court, he first analyzes your case completely, weighs out the strengths and weaknesses and then forms a winning strategy. In technical terms, a criminal defence is an argument in the court produced by the lawyer of the defendant to challenge the evidence provided by the prosecution. This challenge can be done in done in two ways which are challenging the validity and challenging the sufficiency of the evidence produced. The arguments can be done in various ways and one needs to know about them before hiring a Sydney criminal lawyer.

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Affirmative Defence-

In this strategy of arguments, the lawyer proves the prosecution wrong by showing that the evidence is false. This can be done by providing evidence in favour of the defendant or by directly proving that the statements of the witnesses against the defendant are contradictory to the evidence.

Coercion and Duress –

The defending lawyer states that the defendant was forced to commit the crime and he had no option but to commit it under pressure. The lawyer has to prove the threats from unlawful forces to the defendant without actually bringing them to the court. It is highly effective and before hiring a Sydney criminal lawyer, you should know which defence mechanism he is going to opt for.

Abandonment and Withdrawal –

In this case, the lawyer states that you were going to commit the crime but you gave up at the very last moment. This is to satisfy most of the evidence produced except the primary evidence that proves the defendant guilty. All the layer has to do is provide the evidence of abandonment at the last moment.

Insanity Defence –

This type of argument is only valid for minors and young adults. The criminal lawyer of the defendant states that the defendant had no idea that the crime he committed would be punishable. This is the last option a lawyer may have to reduce the punishment. In this defence strategy, the defendant has to confess committing the crime or it has already been established that the crime has been committed by the defendant. The best case scenario is when the defending lawyer proves that the person is mentally unstable or suffers from a mental illness.