What are the different types of criminal defenses?
In Virginia, there are six primary types of criminal defenses available to citizens accused of a crime. The first defense is innocence or factual innocence. This defense simply states that, although the accused was present at the scene of the crime, they were not the one committing the act. The second is known as the defense of justification, which states that the accused had a legitimate reason to commit the act, such as self-defense or a plea of insanity. Third, there is the defense of alibi. This defense involves witnesses providing evidence that the accused was somewhere else at the time of the crime. The fourth defense is the exculpatory defense, which states that the accused acted due to coercion or duress. The fifth defense is known as the affirmative defense. These defenses acknowledge the accused may have committed the crime but for valid reasons, such as insanity or a mistake about the law. The sixth and final defense is the defense of mitigation. This defense involves evidence that the accused is less culpable than first assumed, such as a medical condition that caused them to commit the crime. All of these defenses are available to the accused in Virginia and can be used to prove that the accused is either not guilty or not as guilty as first assumed.
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