3 Types of Affirmative Defenses for Criminal Activity
If you are facing criminal charges, you may want to hire a criminal lawyer Asbury Park residents trust to defend them in a criminal case. There are numerous defenses available to you depending on your situation. It may be in your best interest to consult an Asbury Park criminal lawyer to help fight your case.
Any criminal lawyer Asbury Park trusts may tell you that an affirmative criminal defense is an option depending on your case. An affirmative defense means that you agree you are guilty of the accused act, but additional information should be considered because it may change the nature of the crime. Your criminal lawyer in Asbury Park may go over the evidence for your case and suggest an affirmative defense for you.
Affirmative defenses can be tricky and aren’t right in every situation. Your lawyer may be able to tell you if any of the following defenses may help your case.
Self-defense is an affirmative defense where the defendant admits to the crime but argues that there was no other choice. A popular case example of this is the George Zimmerman and Trayvon Martin murder trial. The evidence against Zimmerman was overwhelming, but he pleaded self-defense and his lawyer argued he was attacked by Martin and had no choice but to react and defend himself. Your criminal lawyer Asbury Park turns to for advice may be able to determine rather quickly if self-defense is an option for you.
The insanity defense is a popularized defense in the movies, but is it effective? In reality, a criminal lawyer Asbury Park residents hire may tell you that insanity isn’t used very often and is actually a difficult defense.
First of all, if you want to use the insanity defense, you are admitting to being guilty of the crime. If the insanity defense is rejected, you may likely be found guilty of the crime. Your attorney has to present strong evidence that you were influenced by a mental defect or disease at the time of the crime and you didn’t understand your actions were wrong.
In many cases, if the insanity defense is accepted, the defendant may receive a lesser sentence than someone who is found guilty of the same crime without the insanity element.
- Statute of Limitations
The statute of limitations is an affirmative defense that may function as a loophole. It may be used when the defense lawyer can state that the amount of time the prosecution took to bring charges against the defendant was beyond the statute of limitations. Even though the defendant may have committed the crime, he or she cannot be charged because of the statute of limitations in place.
Criminal charges are very serious and for this reason, you may not want to face them alone. They can have serious repercussions that can ruin your life. If you criminal charges have been brought against you, you may want to hire the criminal lawyer Asbury Park residents turn to for a solid defense by calling Rispoli & Borneo, P.C. at (908) 768-3884 today.