In order for a prosecutor to convict you of a crime in a California criminal court, they have to be able to prove guilt beyond a reasonable doubt. All defendants are provided an opportunity to put up a defense against their charges, typically with legal representation from a criminal defense lawyer.
Our seasoned criminal lawyers, with our wealth of experience, always strive to identify a chink in the prosecutor's case. This enables us to craft a robust strategy for securing the best possible outcome for their clients.
There is a wide range of available defense options, but of course, all depend on the specific details and circumstances of the case. It's important to note that every criminal case is unique and will require a close examination of the situation in order to start developing a strategy. Obviously, not every defense will fit every crime.
Reasonable Doubt
If you were accused of a crime, the prosecutor in a California State criminal court must prove guilt beyond a reasonable doubt.
By law, the prosecutor must meet the highest standard of proof – proving guilt beyond a reasonable doubt. This means that the evidence presented must eliminate all reasonable alternative theories of liability, leaving the jury with a firm conviction of the truth of the criminal charges.
For criminal lawyers, the defense of reasonable doubt is almost always an argument on behalf of their client, even in a situation where another, more specific defense might also apply.
Even in a situation where jurors are convinced there is some evidence of guilt, an experienced defense lawyer will inform them they are legally bound to acquit their client if the prosecution's high burden of proof was not met.
Alibi or Mistaken Identity
In some criminal cases, the identity of the suspect could be in doubt. This often occurs in a situation where identification from an eyewitness who didn't have a good view of the incident, or they are biased, or from conflicting identifications between other witnesses.
When a criminal lawyer is attempting to establish that their client was not, in fact, the suspect who committed the crime, an alibi witness—i.e., someone who is able to testify their client was somewhere else when the crime occurred—is crucial.
See CALCRIM 3400 Jury Instructions for more detailed information about an alibi defense.
Self-Defense or Defense of Others
In California, criminal cases involving an assault charge, criminal attorneys often advocate the use of reasonable and proportionate force to protect oneself or another on behalf of their clients.
It should be noted the key element in this type of argument is whether the force used by their client was reasonable under the circumstances.
For example, if someone pushes you at a bar, which is a misdemeanor battery, it would not be reasonable self-defense to pull out a weapon and shoot it. However, pushing the person away to create space to get out of the situation would be considered reasonable.
Clearly, common sense applies in arguments by a criminal lawyer as a self-defense claim is fact-specific.
See CALCRIM 3470 Jury Instructions for more information on the right to self-defense.
Mistake of Fact
Some California crimes require that you know, or should reasonably know, certain crucial facts. For example, a trespassing crime requires that you knowingly enter another person's property without permission.
In this example, suppose you reasonably believed you had permission to enter a property when, in fact, the permission was revoked without your knowledge.
This could be considered a reasonable mistake of fact defense to the trespassing charge. However, some mistake of fact defenses are unreasonable or can't be asserted for public policy reasons.
It should be noted this type of defense requires some proof it was a good-faith mistake.
See CALCRIM 3406 Jury instructions for more information about a mistake of fact defense.
Accident
An accident defense might be possible in a limited number of criminal cases. Depending on the specific nature of the charges, conduct must be voluntary, if not intentional, to be criminal.
A genuine accident, even in a situation where injury or property damage occurred, can't form the basis of criminal conduct. If you accidentally commit some act that is considered a crime but did so without criminal intent or negligence, you should not be held criminally liable.
However, it should be noted that some conduct, such as driving under the influence, is criminal even if you didn't intend to commit a crime or cause harm to other people.
See CALCRIM 3404 Jury Instructions for more information on the accident defense.
Duress
The duress doctrine states you are not liable for criminal acts that were committed under threat of imminent physical harm to yourself or a member of your family.
Duress will excuse criminal liability if you commit a crime because another person's threats or menacing actions compelled you to do it.
For example, perhaps you have been charged with bank robbery, but your criminal lawyer can show you only committed the crime because someone forced you with threats of violence – or a family member would be killed if they refused.
Duress would not apply as an excuse to murder under Penal Code 187. Obviously, a duress defense only applies in limited situations
See CALCRIM 3402 Jury Instructions for more information about a duress defense.
Entrapment
You can't be prosecuted for conduct the government itself induced—this is commonly known as entrapment and is a complete defense to many crimes.
It should be noted that if you were predisposed to criminal conduct and law enforcement merely provided you with the opportunity to commit an unlawful act that you would have committed anyway, this would not be considered entrapment.
For example, when law enforcement pretends to be a drug dealer and makes an arrangement to buy drugs from you, no entrapment occurs.
However, if you made it clear to law enforcement that you had no interest in participating in some type of fraud scheme, for example, but agents pressured you to participate, in spite of your objections, you could make a reasonable argument for entrapment.
See CALCRIM 3408 Jury Instructions for more information on an entrapment defense.
Suppression and Constitutional Issues
Evidence in criminal cases is frequently seized through a search warrant. However, searches can occur without a warrant through exceptions to the warrant requirement of the Fourth Amendment to the United States Constitution.
There are times when the justification for the search is questionable. Therefore, a criminal defense lawyer can pursue a motion to suppress. If successful, any evidence seized in violation of your constitutional rights can't be used in court.
If the evidence is crucial to the prosecutor's case, raising the constitutional issue could serve as a complete defense to the criminal charges.
Other Less Common Defenses in Criminal Cases
Insanity
When someone is insane, they are not aware of the nature and consequences of their actions and can't form a mental state required to be guilty – but could be committed to a State Hospital for treatment. See CALCRIM 3450 Jury Instructions for more information on an insanity defense.
Unconsciousness or Intoxication
Similar to the insanity defense, unconsciousness or intoxication might be valid where you weren't able to form to required mental state to commit the crime. See CALCRIM 3425 for more information about this type of defense.
Necessity
In rare situations, the commission of a crime might be necessary to prevent greater harm either to property or to a person. See CALCRIM 3403 Jury Instructions for more information about the necessity defense.
In certain criminal cases, facts and circumstances might lead our criminal defense lawyers to use more than one of the options listed above. Every case is unique and will need to be closely examined to determine an appropriate strategy for the best outcome.
If you have been accused of a crime, our criminal defense attorneys will review your case and options. Call us for a free case evaluation for more information about defenses to crimes.
