Arizona has strict criminal laws, and its justice system can be unforgiving. However, a criminal charge does not necessarily spell doom for you. Good representation and an effective defense strategy can help you escape the hard hand of the law.
Many effective criminal defense strategies exist that leverage state and federal laws. Depending on your case, a single strategy can clear your charges and set you free. Consider some examples you can discuss with your criminal defense lawyer:
Mistaken Identity
Mistaken identity is an effective defense strategy when your case depends heavily on eyewitness testimony. With this strategy, you argue that despite the accusation, you did not commit the crime and that the witnesses identified the wrong person. An argument for human memory error can also support this strategy.
You can also use the mistaken identity strategy when the identification tool is questionable, like blurry surveillance camera footage. Even a suggestive lineup is a flawed identification procedure that can encourage mistaken identity.
If this strategy applies to your case, you can strengthen your argument by providing a credible alibi. By convincing the jury that you were someone else at the time of the incident, you can convince them that the prosecutor’s case was built on mistaken identity. This is especially effective when no physical evidence links you to the crime.
Reasonable Doubt
You remain innocent until proven guilty. For criminal cases, prosecutors have the burden of proof to show beyond reasonable doubt that you committed the crime you’re charged with. This often involves creating a strong and logical connection between evidence to clear all reasonable doubt of your innocence.
Your legal advocate can maintain your innocence and free you of liability by highlighting gaps and discrepancies in the prosecutor’s case, maintaining reasonable doubt about your guilt. This is often easier when the prosecution’s case has a weak and unreasonable burden of proof.
Juries can only assign liability and convict when convinced beyond reasonable doubt. The court will drop any criminal charge if your lawyers can maintain reasonable doubt about the prosecution’s case.
Affirmative Defense
Arguing innocence is a passive defense that will not always work when charged with a criminal offense, especially when the prosecution has a strong case with credible evidence. Regardless of the prosecutor’s evidence, a good affirmative defense can excuse you from liability and nullify their argument.
An affirmative defense is a strategy that undermines a prosecutor’s case by presenting new facts or evidence. Credible evidence supporting your defense, not necessarily debunking the prosecution’s evidence, can excuse you from liability. Evidence of self-defense, contributory negligence, and statutes of limitations can provide a strong affirmative defense and topple any prosecution case.
Lack of Criminal Intent
Lack of criminal intent is an affirmative defense where you argue that you didn’t engage in an action with criminal intent. In layperson’s terms, it is like saying you didn’t do it on purpose.
Some actions are only considered crimes if you commit them with criminal intent, so proving a lack of intent can earn you an acquittal for criminal charges. For example, legally insane people can plead out of criminal charges using the lack of criminal intent argument. An insanity defense lawyer in Phoenix can help you with such cases. In some cases, the lack of criminal intent strategy can clear you of the original criminal charge but find you guilty of a lesser charge.
Endnote
Strict Arizona criminal laws and the justice system can be harsh to criminal defendants. However, you don’t have to be at their mercy when faced with a criminal charge. An experienced lawyer and a good defense strategy, like mistaken identity, reasonable doubt, and affirmative defense, can earn you an acquittal.
