Are there any defenses against a violent crime charge?

Yes, there are defenses to a violent crime charge in Indiana. These defenses fall into two categories: factual defenses and legal defenses. FACTUAL DEFENSES. Factual defenses will generally center on proving that the defendant did not commit the act with which they are charged. Evidence must be presented that shows that the defendant was not present at the time of the crime or that someone else committed the act. This type of defense is often difficult to prove. LEGAL DEFENSES. Legal defenses are defenses that focus on the law itself and possible deficiencies in the elements of the crime. These defenses may include self-defense, defense of others, duress/necessity, entrapment, and consent. Self-defense is a legal defense that can be used if a person is charged with an act of violence but can show that their actions were justifiable in defense of themselves or another person. This may mean that the person acted in response to an immediate threat of harm or death and that the use of violence was necessary in defense. Duress/necessity is another type of legal defense. This defense claims that the accused was forced to commit the act of violence due to the threat of harm or death from another person. Entrapment occurs when a law enforcement officer encourages a person to commit a crime that they would not have committed otherwise. Consent is a defense that claims that the victim had consented to the act of violence. Overall, if a person is charged with a violent crime in Indiana, they could potentially use one of these defenses to avoid or reduce the severity of the charges.

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