Serious crimes are those that can result in imprisonment for the accused. The criminal attorney will become the lifeline for those in such a predicament. Whether guilty or innocent, everyone is entitled to be defended in a court of law. There can be many reasons why crimes are committed, where guilt can be mitigated with a skilled defense lawyer on your side. These include ones where self-defense or misunderstandings are involved.
So, let us consider some of the more serious crimes and just what an experienced criminal defense lawyer with a good reputation can achieve for their client, whether it is to prove complete innocence or mitigate guilt to result in a significantly reduced jail sentence.
Driving Under the Influence
If you should find yourself in trouble because of drink driving, then there will be no proving your innocence if your alcohol level was over the legal limit. This evidence will be strong against you. What can make a difference is how convincingly the defense lawyer argues that you believed that you were under the legal limit when you drove and, as a mitigating circumstance, how much your car is relied upon to continue your job or to care for another. This can make all the difference when it comes to potential bans. Click here and get to know more about what your options are under such circumstances.
Where injury was caused as a result of an accident while someone was under the influence of alcohol, it can be important to prove with the help of your defense lawyer, how much difference having drunk too much alcohol will have made to the accident. Yes, it might have impaired your decision-making, but how good was the decision-making of the other person? Those enforcing the lawyer are only too ready to blame the driver who was drunk as the cause. Yes, it is a situation you could have prevented by booking a taxi or by having a designated driver, but how much at fault was the other driver? Witness accounts will be important here. Defense lawyers are adept at obtaining those.
The seriousness of an assault is very much determined by whether there was either self-defense or provocation involved. It is quite a different matter where the attack was an unprovoked one. A defense lawyer can argue your side should you find yourself accused of any kind of assault. One would like to think that there is no such thing as an unprovoked attack, and it will require an excellent communicator, such as the defense lawyer, to put that kind of point across and influence a jury to find the defendant less guilty.
Fraud carries a lengthy prison sentence if you find yourself accused. The cases are complicated and can go on for long periods. A defense lawyer who is experienced in financial matters is required to understand, let alone defend, such a complicated case. Fraud is not only about written accounts and hidden bank accounts but also advanced computer knowledge is required. So, there is more to know to unearth or defend the truth.
When defending fraud charges, there are four possible defenses. These are:
Mistaken identity – This is where a person’s money, property, and in many cases their identity, has been stolen by another individual. This can often mean not face-to-face but something which took place over the internet. This means that there is a chance that police have been mistakenly led to the wrong victim. A defense lawyer will be important to prove your innocence when a computer is perhaps shared. Timings of when you used the computer will mean everything in proving your innocence, as a defense lawyer will then have an alibi for you that they can use in court.
Lack of intent – There must be evidence that there was intent to defraud and that the fraud did not happen by accident, because of perhaps a lack of knowledge about computer software.
Misunderstandings – Accusations involving fraud can be due to misunderstandings or mistakes. This is where a criminal lawyer will look to convince a jury that was the case.
Consent – This can apply to, for instance, alleged unauthorized use of a credit card or access to a bank account. It must be proven for innocence to be declared that the alleged victim, whether it be a person or business, account, had given permission for their finances to be accessed. It might be ill-advised for someone not to have checked rather than assumed it would be okay to spend someone else’s money without asking them each time. An agreement in writing would have been recommended but that will be too late once someone has been accused of fraud.
Insufficient Evidence – A criminal defense lawyer will play on the fact that the prosecutor does not have enough evidence to convict their client. Evidence can be just circumstantial and the prosecutor will often be trying to play the jury to make the difference when there is not enough hard evidence to prove their case. A lack of evidence will exist when there is a lack of strong forensic evidence or reliable witness statements. It is, after all, necessary to prove beyond reasonable doubt that the actions of the accused amount to fraud. The weaknesses in a case will always be exploited by an experienced lawyer who knows their business and has a bank of past successful cases to bring to mind.
It pays to look up the lawyers who are knowledgeable in the area requiring defense. Knowledge of the different areas of law is freely available online to read.
In summary, the most serious cases are the ones where there is more on the line, such as future careers, and so a defense lawyer knowledgeable in the specific area required must be sought. It may mean the difference between losing your job because you can no longer drive, an assault leaving your reputation in tatters, and where fraud is proven, that you can no longer work in the financial sector. This is apart from the risk of imprisonment.