Three Common Defense Strategies for Criminal Cases

Three Common Defense Strategies for Criminal Cases

If you’re facing criminal charges in Wisconsin, your defense strategy shouldn’t be a one-size-fits-all solution. A good attorney will analyze the specifics of your case and craft a personalized defense that best fits your case. Here are three possible defense strategies they might tailor to your unique circumstances.

Arguing That You Are Innocent

When a lawyer argues that you are innocent, they focus on proving that you did not commit the crime. Their goal is to introduce reasonable doubt in the minds of the jury or judge.

One way to do this is by providing an alibi. An alibi is evidence that you were somewhere else when the crime happened. A lawyer can gather information to show that you couldn’t have been at the crime scene. For instance, they might use witness statements, security camera footage, or receipts to prove where you actually were at the time.

Questioning evidence or presenting contradictory evidence is another way to introduce reasonable doubt. For example, if the prosecution says your fingerprints were at the crime scene, your lawyer might show how this evidence is unreliable or how it got there by unrelated means. They might also bring in their own evidence, like forensic reports, to challenge the prosecution’s claims.

Asserting That You Acted in Self-Defense

If you face charges for a violent crime, your lawyer might argue that you acted in self-defense or in defense of others. This strategy focuses on proving that your actions were necessary to protect yourself or someone else from harm. They might explain the situation that led to the incident and clarify that you believed you were in immediate danger or that another person was.

Witness statements, medical reports, and video evidence are often essential to self-defense strategies. These pieces of evidence allow your lawyer to paint a clear picture of the danger you faced and how you responded. The goal is to show the court that any reasonable person in your situation would have acted similarly to protect themselves or someone else. This defense strategy is about proving that your actions were a necessary response to an immediate threat, not an act of aggression.

Highlighting Procedural Errors

When a lawyer uses procedural or administrative errors as a defense strategy, they highlight mistakes in how the police or prosecutors handled your case.

First, your lawyer will look for any mistakes in how the police collected or handled evidence. They might argue that the police did not follow proper procedures when collecting fingerprints or handling your personal items. This could make the jury doubt whether the evidence is trustworthy.

Next, your attorney can determine whether the police violated your legal rights. For example, they might verify whether the police read you your rights when you were arrested. If the police failed to do this, it could call into question whether your statements are admissible in court.

Contact a Waukesha Criminal Defense Lawyer Now

The right defense strategy can make a significant difference in the outcome of your case. At Walden, Neitzke & Kuhary, S.C., our Waukesha criminal defense lawyers are here to develop custom legal solutions and protect your rights. Contact us now for a confidential consultation to learn how.