What are the different types of criminal defenses?
In Minnesota, there are several different types of criminal defenses that can be used in legal proceedings. The most common type of defense is called a “procedural defense” and this focuses on arguing that the government was not legally allowed to bring criminal charges against the accused or search a person. This could include a violation of the accused’s constitutional rights, such as a violation of their right to due process. Another type of defense is a “substantive defense” which focuses on proving that the accused did not commit the crime. This type of defense would include a claim of self-defense, insanity, or alibi. The third type of defense is called an “assertive defense” where the accused does not deny committing the crime but tries to lessen the degree of the offense or sentence. This type of defense often relies on a mental health defense, such as the defendant having a mental illness or being under the influence of drugs when the crime was committed. Finally, the fourth type of defense is a “transactional defense” which focuses on trying to negotiate a plea agreement with the prosecutor. In this situation, the accused admits to the crime but the charges and/or sentence are reduced in exchange for the plea agreement. Overall, these are the four main types of criminal defenses that can be used in Minnesota. It’s important for defendants to understand their options and to speak with an experienced attorney to determine the best defense strategy.
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