4 Best Strategies Used By Defense Lawyers to Defend a Case

Whenever you are accused of a criminal offense, it’s the criminal defense lawyer who’ll either prosecute or defend you. The legal professional often acts in a neutral, unbiased manner to ensure that your legal rights are upheld. So, your defense attorney will do everything possible to guarantee your fair treatment against the conduct of the law.

Most criminal cases are usually tough to defend against. They could require a lot of money and the need for more evidence and witnesses. This makes it challenging for a criminal defense lawyer to apply every scheme and strategy available.

It helps to know that all of the strategies the defense attorney uses won’t work if the criminal defense lawyer can’t get past the prosecution stage. It helps to understand the role of prosecutors.

So, the best criminal defense attorney knows that the only excellent way to defend their clients’ rights is to use the right strategies. These schemes reduce the severity of the defendant’s sentence or even dismiss the charges entirely.

Our article will reveal the best strategies used by criminal defense lawyers to defend a case. But, before that, let’s find out what the best criminal defense strategy entails?

What Defines the Best Defense Strategy and Why Is It Important?

The type of defense strategy used in a case is the most significant aspect of the case. If a lawyer applies a defense strategy that isn’t strong enough, the defendant may end up in a lengthy prison term. The accused may also part with thousands of dollars in court fines

But, if the strategy is thorough and well-formulated, it could result in a lesser sentence if the accused is proven guilty. The truth is that; every case is usually distinct, but above all, the best defense lawyer weighs every factor in formulating a defense strategy that is highly likely to succeed.

For example, you may face serious criminal charges, and perhaps you’re seeking the help of a criminal defense lawyer. Since the legal professional handles a wide array of issues, you can identify them under any of the following names:

  • Traffic attorney
  • Domestic violence lawyer
  • Criminal defense lawyer
  • Prostitution lawyer
  • Medical marijuana attorneys
  • Drug crimes defense attorney
  • Child molestation defense lawyer
  • Carjacking defense

In any of the above instances, you need highly experienced and knowledgeable criminal defense attorneys with a passion for various criminal defenses. You can rely on a legal professional to handle your case and bring it to the best possible ending. Such an expert will create the right defense strategy after comprehensively going through all the evidence gathered by the prosecution team. 

The defense lawyer also formulates the best strategy after hearing your version of the story during the alleged crime. So, once you engage the attorney, they will meet with you before executing the strategies employed in the law court. 

Each scheme formulated by the lawyer to defend your case will be different. The strategy will mostly depend on the answers you give to the questions the legal expert asks you.

Which Strategies Do Criminal Defense Lawyers Use to Defend a Case?

1. Double Jeopardy Defense Strategy

This is a principle of law present in the 5th amendment of the U.S constitution. The double jeopardy clause prevents the government from punishing an individual multiple times for similar incidents.

In this case, you can hire a criminal defense lawyer to successfully defend you based on the law. The legal expert will represent you when undergoing such charges for cases like robbery, DUI assault, and many other felonies. 

A reasonable defense attorney will help by fighting to keep you out of jail when you cannot pay your bail bond. So, this is one effective strategy used by criminal defense attorneys to help you win cases.

In short, double jeopardy inhibits any individual from being litigated twice for markedly the same crime. This means that no one shall be subjected to the same offense twice, or put in jeopardy of life.

Thus, the rule works when the government charges a person for an incident and then prosecutes the person again for the same case. But, now, the person is charged differently. 

In such instances, your criminal defense attorney steps in, speaks, and acts on your behalf. The legal expert uses this approach to defend your case.

2. Accidental Crime Strategy

Your criminal defense lawyer can act by showing an accidental deed without any criminal intent. This will act as a considerable defense against the charge. And, it can apply even in the case of a first-degree murder charge.

Usually, establishing whether the sentence will be considered an accidental incident instead of a deliberate or premeditated crime usually varies from one state to another. The process often depends on the criminal code. 

For instance, California’s Penal Code draws a line between deliberate and accidental offenses. Many other US states also give defendants a lesser punishment if the event is shown to have been an accident without criminal intent. So, following this legality, your lawyer can use the accident strategy to defend your criminal case successfully.

For instance, a man may shoot a neighbor threatening him and end up killing the person. In this case, the defense attorney could assert that the man intended to frighten the neighbor with the weapon, firing it up accidentally. In this scenario, the fact that he murdered the neighbor was unintended and could be considered an accidental crime.

3. Give Useful Evidence Strategy

The ‘useful evidence’ strategy is one approach that your criminal defense attorney can use. They use this approach mostly to offer evidence, for example, through testimonies from police officers and other witnesses. 

In this case, the police officials can use scientific tools and techniques in conducting crime detection by police officials. They go further to take into account the physical pieces of evidence. The proof is often consistent and determines the accuracy of the criminal or offender’s innocence or guilt.

Forensic science is one discipline that works within the boundaries of the legal system. It can have a significant contribution to supporting justice for the crime investigation. 

It aims to offer guidance to the legal fraternity that conducts criminal investigations. It works through recognizing and retrieving evidence at crime scenes. The attorney relies on the accurate information given to resolve the criminal and civil disputes. 

The crime involved may include:

  • Rape
  • Murder
  • Accident-related cases
  • Displaced persons
  • Forgery
  • Fraud-related incidents

4. Formulating “The Truth”

One of the best criminal defense strategies is when the defense lawyer and defendant can present a story based on the truth. Both parties should formulate the two best versions of plain truth.

Let’s take the example of Johnny Depp, who fantasized about killing his wife, actress Amber Heard. The text messages he sent to his friends about this became public. 

The same was used to damage his good reputation. This instance became his defamation suit against the wife. But, later, the criminal defense attorney in the defamation trial between Johnny Depp and Amber found the truth. 

The fact was that Mr. Depp had been defamed in a 2018 opinion piece. The final verdict gave Johnny victory in his long, filthy and chaotic battle over domestic abuse accusations.

So, in this strategy, the versions of the story used by the lawyer will always show the truth. It should put both parties in the best light that results in a “plea bargain.” This should result in a conviction with a lesser charge or lead to a “not guilty” finding. 

So, if a defendant is accused of armed robbery and informs the lawyer that he engaged in the robbery with no weapon, such truth could lower the charge to simple robbery. This could be a far less serious crime regarding potential jail time.

Key Takeaways

Criminal defense attorneys are highly skilled in using different legal strategies. Such tactics include double jeopardy and the ‘not guilty plea to prove your case. The strategies can help the lawyer easily win the case. But, they must know how to apply and adapt them in specific cases. 

A good defense lawyer will portray a strong defense. They do this based on the best story version of the truth. They’ll also ensure they have strong evidence to help them boldly fight for their client not to get into jail.

So, whether you plead the truth or refuse the allegations, the attorney will explain your options to you. The legal expert will often inform you what defenses might be raised in your case. 
Note that your criminal defense lawyer will apply different criminal defense strategies to work out things for you. This will be based on the nature of your case and the stated personal facts. Thus, it would help if you endeavored to always state facts correctly.

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