You have been accused of a
violent crime, such as arson, assault, or even worse. The prosecution has physical evidence
to suggest that you did in fact commit it. You might even be considering
admitting to committing the alleged crime, perhaps hoping to receive a
plea bargain. Before you get ahead of yourself, know that there are some
unique defense strategies your criminal defense attorney could use to
insulate you from the harshest penalties of the criminal justice system.
Necessity and Crimes of Passion
The concept of a violent crime is portrayed by the media as an act of cruelty
and barbarity in every circumstance, but this is far from the truth. In
many scenarios, someone who has been arrested and charged for a violent
crime has actually acted out of necessity, protecting themselves or others
from the violent action of another. Self-defense can be a powerful yet
complicated defense strategy in a variety of cases, but it becomes quite
complex in a murder case, where the actual aggressor has lost their life.
Without an alleged victim to cross-examine, you will need to rely on the
creativity and thoroughness of your defense lawyer to build a solid case.
Another unique defense to violent crimes is stating that you had committed
a crime of passion, not one of maliciousness or premeditation. A crime
of passion is a criminal act of violence carried out by someone who is
not in their usual frame of mind due to provocation, intimidation, or
incitement. A common example of a crime of passion, which gives such an
act its name, is a scorned spouse acting violently after coming home to
find their husband or wife cheating on them with another. Without any
planning to commit a violent crime and no motivation other than emotional
distress caused by another, the defendant in such a case should not be
penalized to the maximum extent of possible sentencing.
Utilizing either defense strategy requires much preparation, however, and
a total understanding of what the prosecution will try to use against
you. At South Shore Criminal defense, our Brockton criminal defense lawyers
have experience as former prosecutors, giving them unrivaled insight to
the tactics of your opposition. Give yourself an advantage in your violent
crime case today by calling
617.231.7107 and requesting a
free case evaluation with us.