Some of the potential legal defenses include:
Alibi [or some other dude did it (SODDI)] – incorrect witness ID, planted evidence, someone else’s car, pants, wallet, etc. These are difficult cases to defend—so consult the Law Office so you can know your rights. Defense of another – affirmative defense if the defendant had a reasonable belief that the 3rd party had a right to self-defense.
Duress
Generally, if a person compels a defendant to commit a crime, the defendant may be able to claim duress as an affirmative defense. Duress means a direct or implied threat of force, violence, danger, or retribution that would cause a reasonable person to do [or submit to] something that she would not do [or submit to] otherwise.
There must be a well-grounded fear (not subjective assessment) and generally no reasonable opportunity to escape or avoid the harm that was threatened by the person.
Immunity. Transactional and use immunity.
The prosecution can compel a person’s testimony despite the privilege against self-incrimination by using transactional or use immunity procedures. Use immunity only bars the prosecution from using the actual testimony obtained during the grant of immunity, or its fruit, in any future prosecution of that witness. Broader protection is provided for in transactional immunity since prosecution is barred regarding any conduct related to any matter about which the individual testified (must be responsive to the questions).
Lawful Arrest (against charge of false imprisonment)
Mental Defenses, intoxication and incompetence
Mistake of Fact – reasonable and good faith belief in a fact that negates criminal intent or knowledge
- Consent may be a defense to rape or kidnapping
- Mistake as to Minor’s age
- Mistake as to possession of prohibited property.
Necessity.
May be a justification or defense to breaking the law when the defendant’s conduct was necessary to prevent some greater harm, usually caused by the physical forces of nature
Self-defense. You have a right to use reasonable force to protect yourself from any batter or assault. Reasonableness of a defendant’s conduct is usually scrutinized by the jury.
Violation of constitutional right: speedy trial rights (Jones or Serna motions), double jeopardy, lack of jurisdiction.
Unconsciousness.
The defense must prove that the defendant was not conscious of his or her actions, hence legally incapable of having committed the crime.
Any defense justifying, excusing or mitigating a homicide.
Mental Defenses, Intoxication, Incompetence
At foremost, the criminal defendant must be competent to stand trial. Criminal proceedings may be suspended if a defendant cannot understand the nature of the proceedings or aid in his or her defense.
Mental Defenses, intoxication, incompetence
The prosecution must always prove every element of an offense, particularly when a specified intent or mental state is the contested element. Mental illness, cognitive disabilities, and voluntary or involuntary intoxication are mental defenses that may negate the intent element of an offense.
Insanity defense is tried after a guilty finding by a judge or jury (guilt phase). Demonstrating insanity requires that the defendant be found incapable of knowing or understanding the nature and quality of his or her act or of distinguishing right from wrong at the time of the commission of the offense.
Mental illness and Public Safety
Extended Commitments. Individuals who have mental illnesses and are dangerous to themselves or others may have their custody extended pursuant to civil commitment statutes.
Extended commitments are generally imposed upon:
- mentally disordered offenders (MDO) or
- persons found not guilty by reason of insanity (NGRI)
- persons found to be sexually violent predators (SVP).
Conservatorship. This occurs when a court appoints a person or organization (the conservator) to protect and manage the personal care or finances, or both, of someone who has been found by a judge to be unable to do so. This may occur after a defendant is found incompetent to stand trial.