Defenses to Criminal Charges

Defenses to Criminal Charges: An Overview

To convict a criminal defendant, the prosecutor must prove the guilt beyond a reasonable doubt. Of course, the defendant gets an opportunity to present a defense. There are many defenses, from "I didn't do it" to "I did it, but it was self-defense” and beyond. Read more about some common defenses below.

Being Drunk: A Defense to Criminal Charges?

Voluntary intoxication usually isn’t an excuse for criminal conduct.

Amnesia: A Defense to Criminal Charges?

To be responsible for a crime, the defendant must have had the mental state to commit it. Accidentally striking someone, for example, typically doesn’t constitute an assault or battery.

What are the elements of a crime?

Each crime has its own set of elements—components that the prosecution must prove beyond a reasonable doubt in order to establish the defendant’s guilt.

Does Self-Defense Apply When You Defend Someone Else?

The concepts of self-defense and defense of other are closely related.

What is entrapment?

Entrapment acts as a defense to criminal charges. A typical entrapment scenario arises when police officers use coercion and other overbearing tactics to induce someone to commit crime. Read on to learn more about entrapment, including case examples and standards used to evaluate an entrapment claim. (For in-depth discussion of other common defense strategies, check out Nolo's article Defenses to Criminal Charges.)

What does 'tolling' the statute of limitations mean?

What does it mean to "toll the statute of limitations" in a criminal case?

Is involuntary intoxication a defense?

Being drunk or high usually isn’t a defense to criminal charges (see Being Drunk: A Defense to Criminal

Is a Confession Alone Enough to Convict a Defendant?

A general criminal law principle known as the corpus delicti rule provides that a confession, standing alone, isn’t enough for a conviction. With its design of preventing wrongful convictions, th