When you are facing accusations of a violent crime, you will face criminal
prosecution, which means you will be given the opportunity to present
a defense case in court. This is your chance to prove your innocence or
argue that the legal definition of the crime you are charged with does
not fit the nature of the actual crime, and therefore you can have the
penalties reduced. Before pursuing any of these options, it is vitally
important that you speak with a skilled
criminal defense attorney who can analyze all of the evidence in your case and advise you
on the best route to proceed.
Whether or not you are guilty of a crime like assault, there are a few
common arguments that are frequently employed to prove innocence of the
charged crime. The following are just a few examples of arguments that
you may be able to utilize to your benefit.
Innocent Until Proven Guilty
The United States justice system operates under the presumption that all
persons on trial are considered innocent of all crimes and misdeeds until
they are proven otherwise beyond any form of reasonable doubt. Your attorney
may choose to use this principle in your favor by simply arguing that
the prosecution has failed to adequately prove that you committed the
crime in question, and therefore should have the case dismissed. This
is commonly used if there is limited evidence against you, or the evidence
is not necessarily strong enough to warrant a conviction. This is a commonly
used defense in DUI cases.
Have an Alibi
Proving you were not at the scene of the crime when it took place is a
good way of proving innocence. If the prosecution argues that a crime
took place at a certain date and time, but you have witness testimony
and records proving otherwise (like credit card statements or receipts
from purchases), then you can prove that you were not at the scene of
the crime and are therefore innocent. This is not an invincible argument,
but has acquitted many accused individuals over the years. Be sure to
present your attorney with any evidence that may be used to demonstrate
your innocence due to not being at the scene of the crime at the time
it was committed.
The law does allow you to protect yourself in situations where you are
either threatened or have violence used against you. This is a tricky
argument as it does admit that you used violence, but it was not unwarranted.
The good news is violence does not have to be used against you in order
for your actions to be considered self-defense, but the hard part is you
have to prove that you were under threat of violence against you, and
that the violent force you used was reasonable considering the circumstances.
A skilled criminal defense attorney can help you formulate this argument
in a concise fashion, but it is not advised that you attempt to use this
argument while defending yourself.
If you’re facing any
violent crime accusations, it is not advisable to face the legal system alone. Help
secure your future by calling the award-winning Buffalo criminal defense
lawyers at the
Rossi Law Firm. We have more than 40 years of combined experience, making our father-son
team of attorneys Michael Anthony Rossi and Nicholas Michael Rossi a top
choice throughout the state of New York. We are proud to have been named
one of the “10 Best” criminal law attorneys and sport an Avvo
rating of 10.0 Superb. Secure legal representation you need from a tandem
named to the list of Super Lawyers® today.
Contact the Rossi Law Firm online or call their Buffalo area office at (716) 951-5040 today and schedule
a confidential consultation appointment for your criminal defense case.