What are the different types of criminal defenses?

In California, there are several different types of criminal defenses that can be used when facing criminal charges. The most common type is an affirmative defense, which is a defense that admits that the accused committed the crime but also provides a reason why they should not be held responsible. For example, an affirmative defense to a charge of murder may be that the accused was acting in self-defense. Another type of defense is called an alibi defense. This type of defense claims that the accused was not in the location where the crime took place at the time of the crime. An example of an alibi defense would be if an accused was charged with a robbery but claimed that they were out of town at the time of the crime. The third type is a mistake of fact defense, where the accused admits to the crime but claims that it was unintentional due to a misunderstanding of the facts of the situation. For example, someone charged with identity theft may claim that they were given the information by someone else and did not know that it was wrong. The fourth type of defense is the insanity defense. This type of defense is used when the accused has a mental disorder and their mental state prevents them from understanding the wrongfulness of their actions. Finally, there is a defense of duress, where the accused claims that they only committed the crime because they were forced to do so by another person or group of persons. For example, someone may claim that they were being threatened with violence if they did not commit the crime.

Related FAQs

What is the role of the police in criminal investigations?
What are the rules for hearsay evidence in criminal trials?
What is the impact of the Double Jeopardy Clause on criminal prosecutions?
What is the process of jury selection for criminal cases?
What is the difference between a prosecution and a defense attorney?
What are the rights of a suspect during a criminal investigation?
What is the purpose of an arraignment?
What are the rules of evidence-gathering at a criminal trial?
What is the difference between a direct and an indirect appeal?
What are the rules of the Fifth Amendment in criminal procedure?

Related Blog Posts

An Overview of Constitutional Protections in Criminal Procedure - July 31, 2023
The Requirements and Benefits of Proper Criminal Procedure - August 7, 2023
Understanding the Right to Remain Silent in Criminal Procedure - August 14, 2023
What You Should Know About the Exclusionary Rule in Criminal Procedure - August 21, 2023
A Look at the Role of Probable Cause in Criminal Procedure - August 28, 2023