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Unique Defenses for Violent Crime Charges

Criminal Defense Blog 2016 June Unique Defenses for Violent Crime Charges
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Unique Defenses for Violent Crime Charges

Posted By South Shore Criminal Defense || 20-Jun-2016

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.

Categories: Criminal Defense, Violent Crimes

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