What legal defenses are typically used in criminal defense cases?
In California, criminal defense law offers numerous legal defenses that can be used in criminal cases. Most commonly, defendants will assert an alibi, which is evidence that they were not present at the time of the alleged crime. For example, if a defendant is accused of robbery at a convenience store between 10:00 p.m. and 11:00 p.m., they can provide evidence that they were somewhere else, such as at a family gathering. Another commonly used legal defense is self-defense. This can be used when a defendant was protecting themselves or another person from harm. The court must consider the severity of the harm inflicted and the danger the defendant faced. A third legal defense is insanity. This means that defendants must prove that they lacked the mental capacity to understand their actions, or they did not have the mental capacity to understand that the actions were wrong. A fourth legal defense is entrapment, which occurs when law enforcement entices a person to commit a crime that they otherwise wouldn’t have committed. Lastly, a fifth legal defense is duress, which is when a defendant was forced to commit a crime against their will due to fear of serious harm from someone else. In order to prove duress, the defendant must demonstrate that the threat was imminent and real. These are the most common legal defenses used in criminal defense cases in California. However, defendants are also allowed to present other defenses that may fit the specific facts and circumstances of their case.
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