How Lawyers Defend Violent Crimes: FAQ
Defending someone accused of a violent crime can be challenging and complex for defense attorneys. However, every person accused of a crime, no matter how severe, has a right to competent legal representation. This article aims to provide a helpful overview of how criminal defense lawyers approach defending violent crimes cases, and answers some frequently asked questions.
Understanding Violent Crimes
Violent crimes are offenses that involve force or threat of force, such as murder, rape, robbery, and assault. The stakes tend to be high in violent crimes cases – lengthy prison sentences or even life without parole are common penalties. As a result, the defense strategy is critical.
According to criminal defense attorney Mark Broughton, some lawyers choose not to take on violent crimes cases, but others specialize in defending these complex cases [3]. An experienced violent crimes lawyer can make all the difference in the outcome.
Investigating the Facts
The first step for any defense lawyer is to thoroughly investigate the facts of the case. This includes reviewing police reports, interviewing witnesses, visiting the crime scene, hiring investigators and experts, and more. The goal is to identify weaknesses in the prosecution’s case, and develop defense arguments.
For example, if a witness changes their story, a skillful lawyer can undermine their credibility. Or if DNA evidence was mishandled by police, it may be excluded. Looking closely at the evidence is key.
Common Defenses in Violent Crimes Cases
Some of the most common defenses lawyers use in violent crimes cases include:
- Self-defense – Arguing the defendant used reasonable force to protect themselves or others
- Insanity – The defendant was unable to understand right from wrong or control their actions
- Mistaken identity – Questioning if the defendant is the actual perpetrator
- False accusations – The alleged victim is lying or mistaken
- Provocation – Actions of the victim provoked the violent response
- Intoxication – Defendant was too impaired to form intent
An experienced lawyer will decide which defenses are viable based on the specifics of each case.
Plea Bargaining
Over 90% of criminal cases end in a plea bargain rather than trial. Negotiating with prosecutors, defense lawyers often can get charges reduced or penalties decreased. For example, a murder charge may be pleaded down to manslaughter. The defendant accepts guilt in exchange for a lighter sentence. This is a common outcome even in violent crimes cases.
Going to Trial
When a case does go to trial, the lawyers role is to require prosecutors to prove guilt beyond a reasonable doubt. Through cross-examination of witnesses, presenting evidence, and delivering persuasive arguments, the defense aims to create doubt in jurors’ minds.
According to attorney Tsion Chudnovsky, tactics like arguing mistaken identity or focusing on credibility of witnesses can be effective [5]. The goal is to show reasonable doubt.
Sentencing & Appeals
If a defendant is convicted, the defense lawyer advocates for the lightest possible sentence under the law. They may cite mitigating factors like mental illness, age, or traumatic upbringing to argue for leniency. Lawyers can also file appeals challenging convictions or sentences.
Frequently Asked Questions
Here are answers to some common FAQs about defending violent crimes cases:
Do lawyers help guilty people avoid consequences?
The legal system presumes all defendants are innocent until proven guilty. Lawyers have an ethical duty to provide every client with a vigorous defense, regardless of their own opinion on guilt or innocence.
How do lawyers defend clients who admit guilt to them?
Attorney client privilege means admissions of guilt cannot be shared. Lawyers may try negotiating a plea deal or focus on strengthening sentencing arguments rather than contesting guilt outright.
Is it unethical to defend someone accused of a heinous crime?
No – even the most reviled defendants deserve competent counsel. Justice requires fair trials and due process for all. Attorneys have an ethical duty to represent clients zealously, no matter the alleged crime.
Do defense lawyers try to find technicalities to get guilty people off?
The law itself provides protections for the accused; arguing these is a legitimate part of the process. Lawyers try to hold the system accountable, not exploit loopholes. Many “technicalities” exist for good reason.
How do lawyers cope with defending violent criminals?
It can be emotionally difficult. Experienced lawyers know emotions must be set aside to provide the best possible defense. Self-care, maintaining perspective and focusing on upholding justice helps lawyers cope.
Do victims ever blame defense lawyers?
Sometimes, though most understand the lawyer is doing a job to ensure fair trials. Good lawyers treat victims respectfully throughout the process. An attorney’s duty is to the client, not the victim.
Defending violent crime cases is complex and challenging legal work. But the justice system depends on competent defense counsel, even in difficult cases. With sound strategies and ethical diligence, defense lawyers play a crucial role in upholding justice for all.