All you need to know about Criminal Law and its Defenses

Criminal Law is a set of rules and regulations which prohibits practices considered threatening or harmful to a person, their property or their safety. Such laws are inclusive of punishments and rehabilitation of the individuals who commit a crime.

Similarly, in this field, there are various factors which can nullify the implications of criminal activities. In simple words, figuring out such conditions can be considered as criminal defence. Though the procedures and clauses vary in every country, but there are a few types of defence, any criminal defense attorney in New York or anywhere in the world can state. They are as follows –

* Insanity –

One of the primary pleas for innocence can be insanity. The only clause of this plea is that it can negate the intent behind any crime. If an actor fails to understand the wrongfulness of their activity and the jury declares them not guilty can be transferred to an asylum.

* Intoxication –

Another plea any criminal defense lawyer in New York can make is that of their client’s involuntary act of crime during a brief period of intoxication. Although intoxication shouldn’t be considered as a plea for innocence but in such a situation, denial of mens rea can be a defense.

* Mistake –

One of the basic defense against a criminal case can be admitting the mistake of facts. For example, if an individual is charged for beating a police officer, they can plead the mistake of facts. Considering the fact they have to back up with evidence that the officer was not wearing a uniform and the convict mistook him by a criminal.

* Self Defense –

In simple words, self-defense is an act taken to protect oneself; therefore, a person is not charged guilty for such actions. Considering the circumstances an individual can use a firearm to protect themselves and would not be charged guilty.

* Necessity –

According to a few clauses of criminal defense law, one can justify their actions if he can prove to prevent any greater harm. For example, trespassing is considered as a crime, but one trespass to a property to save children from drowning would not be charged guilty. As saving the lives of children was a point of moral obligation, and such action was taken for the greater good.

* Impossibility –

One of the interesting pleas a criminal defense lawyer in New York can make is the impossibility defense. Despite the criminal attempt, one would not be charged guilty because such crimes are legally impossible to commit.

* Lawful Capacity of Office –

This specific desfense is only applicable to public servants like fire-fighters, police officers, etc. wherein first responders are subjected to face few responsibilities. For example, a judicial officer, who sentences a criminal to die, would not be considered as guilty.

* Duress –

Other than the major criminal activities, duress can be a defense. Such a plea should include factors like a serious injury, threats to a third person etc.
With proper implementation of such defences, a criminal atorney in New York can easily safeguard their clients from facing treason or sentence to death.

RAHUL MANCHANDA is the author of this article on immigration lawyer in New York. Find more information, about immigrantion attorney in New York.

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