Reviewing a Possible Criminal Defense

by | Jan 8, 2018 | Criminal Attorney

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In Kansas, criminal defense attorneys build a defense based on the circumstances surrounding the offense. To prove a defendant innocent of the crime, the defense must remove them from the scene or present reasons why it was impossible for the defendant to commit it. A local attorney can introduce defendants to a possible criminal defense right now.

Establishing an Alibi

An alibi introduces reasonable doubt and provides eSvidence that the defendant wasn’t at the scene of the crime. This is possible if another witness can corroborate the defendant’s testimony. A time stamp from a credit card receipt as well as video footage could also give the defendant an alibi.

Using Self Defense to Fight a Conviction

Self-defense indicates that the defendant committed a crime in order to protect themselves. It is necessary to prove that the defendant feared for their life and took action based on a survival instinct. An example of self-defense is when a defendant kills someone unintentionally to stop him or her from attacking them. The defendant must have physical evidence on their person to substantiate their claim.

Insanity and Mental Incapacity

Insanity and mental incapacity are proven by a licensed psychiatrist. The defendant is evaluated by a psychiatrist to determine if they lack the mental capacity to commit the crime. The diagnosis may also prove that the defendant didn’t understand that they committed a crime due to their mental status. Documentation is vital to prove insanity or mental incapacity.

Under the Influence of Drugs or Alcohol

A defense is available when the defendant was under the influence of drugs or alcohol. However, their level of intoxication must show that the defendant lacked the ability to commit the crime. If a date rape drug is discovered, it could also prove that another party was involved that had control over the defendant.

In Kansas, criminal defense attorneys create a defense to introduce reasonable doubt whenever possible. The defendant’s actions define whether or not they were capable of committing the crime. Additionally, an alibi could remove the defendant from the scene of the crime and clear them of the charges. Defendants who need a criminal defense can contact Addair Thurston Chtd. right now. You can also watch video on their YouTube channel.

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