The law isn't exactly the easiest thing to understand. However, it is an absolute necessity if you are to live in a peaceful and safe society. There are instances where an act might be justified and result in an acquittal. These defenses can prevent you from being charged with a criminal act. However, the final say is up to what the judge believes to be true.
If you find yourself in the midst of a criminal trial, here are a few defenses to help you get through it:
If there are extenuating circumstances that caused you to commit an illegal act, you can claim necessity as a defense. When you are desperate and don't have a choice but to go against what the law says, there is nothing you can do but plead your innocence. There are certain criteria that have to be met for you to claim this defense:
- The act was only committed so you could avoid something worse from happening.
- There was no other option available to you to avoid committing the act.
- The unlawful act wasn't anything more than what was needed to avoid something worse from occurring.
- The act was effective toward preventing something worse from happening.
Even if you meet all of the above, there is still a good chance that the court is going to find you guilty of the crime.
If you committed the act when you were under compulsion by another individual to do the crime, or if you were being threatened with death or bodily harm, this might be a viable defense. Most of the time, this will only work when the threat is far greater than what the offense was. Threats that aren't avoidable or immediate can cause someone to do something that they normally wouldn't do.
In certain countries, like Canada, there are certain criminal acts that aren't allowed to use this as a viable defense. Make sure to ask your lawyer if your charge falls under this category or not.
While being charged with a criminal act isn't exactly the most pleasant experience, there are ways to overcome it and move forward in life. Don't ever assume you are going to be convicted unless you have gone through the process and gotten a guilty verdict. Your lawyer can help walk you through everything and make sure you get the best possible results for your case.
Try contacting a company such as family law at Heather Sadler Jenkins LLP if you have more questions or want to learn more.