In the courtroom, criminal defense strategies fall into two distinct categories: affirmative defenses and procedural defenses. Both have the same essential purpose to protect the rights of the accused and raise reasonable doubt. Understanding each is critical.
What Are the 2 Types of Defense That Can Be Used in Court?
An affirmative defense requires the defendant and their attorney to present evidence supporting their justification. While the prosecution still holds the burden of proof, an affirmative defense introduces facts that could negate criminal activity. These types of criminal defense are often effective when handled by an experienced law team.
Examples of Affirmative Defense
In any of these types of criminal defense, the strategy doesn’t involve denying the act. It’s about explaining why the crime happened and providing a legal reason for the court to excuse it. Examples include:
- Self-Defense – This type of criminal defense argues that the defendant used force to protect themselves or others from immediate harm.
- Insanity Defense – This defense strategy asserts that the defendant was mentally incapable of understanding the nature or wrongfulness of their actions.
- Duress Defense – This criminal defense approach claims the defendant was forced to commit a crime under the threat of serious harm or death.
- Entrapment Defense – This defense argues that law enforcement induced the defendant to commit a crime they would not have otherwise committed.
Examples of Procedural Defense
Unlike an affirmative defense, procedural defense strategies don’t require admitting or justifying the act. Instead, they challenge how the law was enforced and whether the defendant’s rights were violated during the investigation, arrest, or trial. Examples include:
- Illegal Search and Seizure – Under the Fourth Amendment, law enforcement must have a warrant or probable cause to search a person or their property.
- Miranda Rights Violation – Any statements made by a suspect may be inadmissible in court if they are taken into custody or interrogated without being informed of their Miranda rights.
- Improper Chain of Custody – This refers to the handling of evidence from the time it’s collected to when it’s presented in court.
- Double Jeopardy – The Fifth Amendment protects citizens from being tried twice for the same crime.
- Prosecutorial Misconduct – If a prosecutor withholds evidence, presents false testimony, or acts unethically, the defense may seek to dismiss or overturn.
Questions about which category your case falls into? Contact an experienced criminal defense attorney at the Law Office of Philip D. Ray for more information.
Protect Your Rights with the Right Types of Criminal Defense
Your attorney must tailor your defense to ensure procedural excellence to protect your rights. Sometimes, that means proving innocence. Other times, it means explaining your actions or holding the system accountable for how it treated you. That’s why our approach is customized to your situation.
The right type of criminal defense strategy could mean the difference between freedom and a conviction. Fortunately, an experienced criminal defense attorney will know which path to pursue and how to execute it.
Contact Philip D. Ray Today
Are you or a loved one facing criminal charges? Don’t wait. Asking what the 2 types of criminal defense that can be used in court are is the first step. Understanding them is next. Our criminal defense attorneys can help you navigate the legal system, enforce your rights, and ensure the most equitable outcome.
Contact Philip D. Ray today to schedule a confidential consultation. We can help you begin building the defense your case deserves.