Defending Against a Felony Charge: Key Strategies
December 11, 2024If you have been accused of a felony, building a strong defense will give you the best chance of avoiding prison. Even though the prosecution is tasked with proving your guilt beyond a reasonable doubt, you must provide evidence negating your liability. Given the complexities of criminal law, defending against a felony charge can prove more complicated than you initially anticipated.
At Bamieh & De Smeth, PLC, our criminal defense lawyers in Ventura, CA, have helped numerous defendants obtain reduced sentences and even eliminate culpability. If you have been charged with a felony, do not hesitate to contact our legal offices.
Establish Reasonable Doubt
The government must prove a defendant’s guilt to the extent that a reasonable person would carry no doubt in their mind that the individual committed the crime (reasonable doubt). Reasonable doubt is the highest burden in the law, reserved for criminal cases. After careful and impartial consideration of all the evidence, jurors are instructed to find the defendant guilty if there is no doubt of the person’s guilt.
Affirmative Defenses
Often, a defendant may admit to performing an illicit act but provide a reason justifying his or her behavior, known as an affirmative defense. An affirmative defense negates or reduces a defendant’s culpability based on a law issue. In raising an affirmative defense, the defense must prove that it is more likely than not that something is true. This standard is the preponderance of the evidence standard, which is a lower burden of proof than reasonable doubt.
Examples of Affirmative Defenses
The most common types of affirmative defenses used in criminal trials include:
Self-Defense
Under California’s Stand Your Ground law, you have the right to defend yourself, with no duty to retreat. However, you can only use a reasonable amount of force to protect yourself, with lethal force being permitted only if you believe yourself or others are in fear of imminent bodily injury resulting in death.
Self-defense is a legal defense that is most commonly used to defend charges of homicide, simple assault, simple battery, and domestic battery. Under California Penal Code §197(3), if homicide is committed in the course of mutual combat, the individual who was in danger must have resisted any further struggle to justify the killing of another person.
Lack of Intent
Every criminal offense has two components: mens rea (state of mind) and actus reus (the act itself). If the defendant can demonstrate that they did not have the mens rea, or intent, required to be convicted for a crime by law, then they cannot be found guilty. For example, to be prosecuted for murder in California, a person must intend to kill another person (known as malice aforethought). If the defense can create uncertainty about the defendant’s intent in jurors’ minds, then there is a good chance that the defendant will be acquitted.
Insanity
Suppose the defense can demonstrate that you were suffering from a mental illness or defect at the time you committed the crime. In that case, our criminal attorneys may advise you to plead guilty because of insanity (NGRI). In California, the McNaughten Rule is the gold standard for determining insanity, in which the defendant is considered to either not understand the difference between right and wrong or the nature of his or her actions. Legal insanity is a complete defense, releasing the defendant of any blame.
Aggressive Counsel Against Criminal Charges
Raising a defense requires sufficient evidence to support your claim. At Bamieh & De Smeth, we can help gather the evidence you need to convince a judge or jury that you do not deserve to be behind bars. Relevant evidence may include videos, photographs, physical evidence (i.e., fingerprints or DNA evidence), and witness testimony.
If the defense provides sufficient proof, the prosecution will be burdened with disproving the claim beyond a reasonable doubt. Our team of attorneys understands that a trial can present unforeseen challenges. Even so, we are prepared to modify our actions, rolling with any punches.
Facing Criminal Charges? Contact Our Ventura Criminal Defense Lawyers Today
Serious charges call for serious representation. Suppose you or a loved one have been charged with a felony. In that case, our Ventura criminal defense attorneys are prepared to pursue various legal avenues to reduce your sentence or eliminate your liability. To learn more or arrange your complimentary consultation, contact us online or by phone today.