It is crucial to have a strong defence when facing serious criminal charges. In most cases, a criminal defence lawyer can create a solid defence or build a strong appeal case after conviction. A criminal lawyer can provide the defendant with advice on his rights to avoid self-incrimination.
In a criminal case, the burden of proof is on the prosecution. The standard proof in a criminal case is beyond reasonable doubt. This standard applies to all the elements of the criminal case that are described in the criminal statutes. The prosecution must prove that all the elements were met by the defendant beyond reasonable doubt. A good criminal defence lawyer can allege that the prosecution has failed to meet the burden and the jury must not convict the defendant.
A common defence used in violent criminal cases is self-defence. This can be a viable defence if the alleged victim is actually the aggressor who threatened the defendant or attempted imminent harm. The defendant was able to respond with a certain degree of force necessary to handle the threat. If the amount of force that the defendant demonstrated is greater than the degree, the defence is likely to fail.
States have different laws on whether a person is required to retreat when threatened with violence or whether he has to stand his ground or whether to apply lethal force when the attack is committed on his own home. There are also instances when the victim may have attempted to threaten or harm a family of the defendant and he only acted in defence of the family member. This defence usually arises when the defendant believes that he needs to use force to protect someone from a serious or fatal injury. However, there are situations when lethal force is not justified
If you are charged with a serious criminal offense, your best option is to seek immediate assistance from MyDefence.ca to understand your rights and gain proper advice on things you should avoid during the process of criminal investigation. A criminal defence lawyer knows what type of defence must be applied based on the particular circumstances of the case.