1. TYPES OF CRIMINAL DEFENSES

2. AFFIRMATIVE CRIMINAL DEFENSE
Some criminal defenses attempt to strike down the prosecution’s evidence by showing that it is false. However, there are a number of types of defenses that accept some of the prosecution’s evidence as true. These defenses are often referred to as affirmative defenses.

3. THE INSANITY DEFENSE
Made popular by television shows and movies, the insanity defense is not actually used frequently nor is it often successful. This defense states that you committed the alleged crime but had did not know that what you did was wrong.

4. THE INSANITY DEFENSE
To successfully use the insanity defense, you must have had a severe mental disease or defect at the time the crime was committed. You and your attorney must present clear and convincing evidence that you have such a mental disease or defect and that this disease or defect resulted in your not understanding that your actions were wrong.

5. COERCION AND DURESS
Coercion and duress is an affirmative criminal defense that basically says you were forced to commit a crime because you were threatened with unlawful force. This unlawful force does not have to actually occur. Merely the threat of unlawful force can be enough to satisfy the coercion defense.

6. COERCION AND DURESS
The force or threat of force does not have to be threatened against the individual accused of the crime. Rather, it could have been used against or threatened against another individual, such as a family member. The coercion and duress defense cannot be invoked if your reckless actions put you in the situation that caused duress.

7. ABANDONMENT AND WITHDRAWAL
Abandonment and withdrawal is another type of criminal defense available to defendants. This defense is also referred to as renunciation.

8. ABANDONMENT AND WITHDRAWAL
This defense basically states that you were going to commit a crime or be an accomplice to a crime but then decided to abandon any involvement. It is technically an affirmative defense, so you and your attorney must show evidence to prove abandonment occurred.

9. ABANDONMENT AND WITHDRAWAL
In addition, for the abandonment and withdrawal defense to be effective, your actions prior to withdrawing from the crime must not have in any way contributed to the crime, or you must have notified the police in advance of the crime.

10. OTHER CRIMINAL DEFENSES
There are a number of other criminal defenses that a defendant can invoke. Some of the more common criminal defenses include:
Self-defense: This defense states that one’s actions, which otherwise would be considered criminal, were necessary in order to defend oneself.

11. OTHER CRIMINAL DEFENSES
Intoxication: Although being intoxicated won’t necessarily clear you of most crimes, it can in some situations negate an element of a crime.
Statute of limitations: This defense states that the amount of time the prosecution has to bring charges against a defendant has passed, and therefore the charges must be dropped.

12. OTHER CRIMINAL DEFENSES
Consent: This defense acknowledges that the defendant did commit some sort of action but also states that this act was consented to by the victim. An example of this defense is consent to bodily harm.