What are the different types of criminal defenses?
In Florida, there are four main types of criminal defenses: Self-Defense, Insanity, Consent, and Alibi. Self-Defense is a defense based on the idea that a person acted in self-defense in order to avoid or prevent an immediate threat. This defense can be used to avoid criminal prosecution, and it must be proven that the act in question was necessary to prevent harm or death. Insanity is a defense used when the accused was unable to understand what they were doing was against the law, or could not distinguish between right and wrong at the time of the crime. This defense is available in Florida, however, it is rarely successful due to the stringent standards required to prove it. Consent is a defense used when the accused claims that the victim consented to the act in question. Consent must be proven; a person cannot simply claim that the victim consented to an act and hope that it will stand up in court. Finally, an Alibi is a defense used to prove that the accused was not in the place where the crime was committed at the time of the crime. This defense requires hard evidence, such as surveillance photos, to back up the alibi. In Florida, these four defenses are the most common used when facing criminal charges. However, a criminal defense attorney may also use other defenses in order to exonerate their client. These other defenses may include Duress or Necessity, and may be used when the accused was forced to take action out of fear for their safety or the safety of another, or if the accused was the only one who could take action to prevent an imminent disaster.
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