Posted by Gurjit Srai In Criminal Defense April 4, 2024 0 Comment

Just because you were arrested on criminal charges does not mean that you will have to be convicted on those charges. An experienced Fresno criminal defense attorney can investigate the facts of your case and help come up with defenses to avoid a conviction and the resulting serious punishment and consequences.

California criminal laws require a jury or judge to determine guilt beyond a reasonable doubt in order convict the defendant “guilty” of a crime. A skilled criminal defense lawyer will employ different criminal defense strategies to create reasonable doubt for their client.

4 Major Categories of Criminal Defenses

There are generally four major categories of criminal defense strategies: innocence, constitutional violations, self-defense, and insanity. Selecting the best strategy depends on the specific facts of your case and the experience and prowess of your criminal defense attorney.

  1. Innocence:

Pleading innocent may seem like the most straightforward of defenses, but you and your lawyer need to do a lot more than simply take the witness stand to say you did not commit the crime. Your Fresno criminal defense attorney should spend a lot of time building this defense strategy around your claim of innocence to successfully bring the case to closure.

  1. Constitutional Violations

Regardless of your guilt in committing the alleged crime, you have the right to certain protections under the U.S. Constitution. Constitutional violations are common in criminal trials, especially when it comes to how the defendant was treated, the facts of the arrest, and the manner in which law enforcement collected evidence.

Some common Constitutional violations include:

  • Failing to administer Miranda warning to the defendant during the arrest
  • Illegal search and seizure of evidence from the home or vehicle of the defendant
  • Failure to obtain a warrant
  • Coercing or forcing a confession
  • Breaking the chain of custody on the collected evidence
  1. Self-Defense

Self-defense is one of the most common criminal defense strategies employed in criminal cases, especially assault, battery and sometimes even murder. When a defendant pleads self-defense, they are basically stating that they caused harm or killed the victim in order to protect their own life against the violent threats of the victim.

Successfully claiming self-defense is a lot more difficult than it seems. Your Fresno criminal defense attorney has to prove the existence of an incredible danger or risk that justifies your use of excessive or lethal force.

  1. Insanity

Pleading insanity as a defense in criminal cases is used in a smaller number of cases. The defendant basically admits to committing the crime but under alleviating circumstances. The attorney will need to prove beyond a reasonable doubt that it was the defendant’s mental illness that made them commit the crime. As simply as this may sound, the insanity defense is very difficult to prove.

Call an Experienced Fresno Criminal Defense Attorney

If you or someone you know has been arrested or is facing a criminal investigation, it is in your best interest to immediately consult with an experienced criminal defense attorney to help you learn about your legal rights and options.

For more information or to schedule a complimentary consultation with Fresno criminal defense attorney Gurjit Srai, please call 209-323-5558 or complete our online form.