Defenses to Criminal Charges
You've probably heard of many defenses to criminal prosecution, but do you know exactly what they mean? Here you'll learn about ways defendants can escape conviction, from alibi to entrapment to self-defense.
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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.
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Being Drunk: A Defense to Criminal Charges?
Voluntary intoxication usually isn’t an excuse for criminal conduct.
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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.
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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.
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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.)
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What does 'tolling' the statute of limitations mean?
What does it mean to "toll the statute of limitations" in a criminal case?
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Is involuntary intoxication a defense?
Being drunk or high usually isn’t a defense to criminal charges (see Being Drunk: A Defense to Criminal
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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
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Can I claim self-defense if I hit someone first?
Even as the first person to use force, it’s possible to act in self-defense.
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What is "imperfect" self-defense?
In some states, someone who uses deadly force according to an honest—but unreasonable—belief in the need to defend oneself from imminent and serious harm may have a “partial” defense.
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The law of self-defense allows people to use force, and sometimes deadly force, to defend themselves from an imminent threat of harm.
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Does Self-Defense Apply When You Defend Someone Else?
The concepts of self-defense and defense of other are closely related.
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In criminal law, actions may sometimes be excused if the actor is able to establish a defense called duress.
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What is the "necessity" defense?
Occasionally, a person faces a situation that requires doing something illegal in order to prevent serious harm.
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What's the difference between duress and necessity?
Duress and necessity are both affirmative defenses, but what are the differences between these two defenses?
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Immunity in Exchange for Testimony
“You have the right to remain silent” is perhaps the most recognized adage in our criminal justice system. This rule comes from the Fifth Amendment to the U.S.
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What Immunity Means for a Witness
Immunity from prosecution is an important tool for prosecutors. They can offer immunity to witnesses for all types of crimes, even serious ones like kidnapping and murder.
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More Legal Topics
- Burden of Proof
- Criminal Jurisdiction
- Criminal State of Mind
- Discovery: Finding Out About the Prosecutor’s Case
- Double Jeopardy
- Eyewitness Identification
- Forensic Evidence
- Investigation in Criminal Cases
- Juries in Criminal Cases
- Lesser Included Offenses
- Rules of Evidence
- The Privilege Against Self-Incrimination
- Burden of Proof
- Criminal Jurisdiction
- Criminal State of Mind
- Discovery: Finding Out About the Prosecutor’s Case
- Double Jeopardy
- Eyewitness Identification
- Forensic Evidence
- Investigation in Criminal Cases
- Juries in Criminal Cases
- Lesser Included Offenses
- Rules of Evidence
- The Privilege Against Self-Incrimination
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