Are there any defenses available to someone charged with a violent crime?
Yes, there are defenses available to someone charged with a violent crime in New York. It is important to remember that just because you are charged with a violent crime does not mean that you are automatically guilty. The first defense available is self-defense. Self-defense is a common defense used in violent crime cases as it suggests that the individual was acting in order to protect themselves or someone else from harm or death. This defense is only applicable if the aggressor was the first to initiate the violence, as well as if the amount of force you used was reasonable. Another defense available is insanity. Insanity is applicable if the person charged is unable to distinguish between legal and illegal behavior due to mental illness or defect. In this case, the individual can still be found guilty, but the court may order them to a mental health facility rather than to jail. In addition, someone may also claim the defense of intoxication. Intoxication can be used as a defense if the individual was so intoxicated that they were unable to form the intent necessary to commit the crime. However, this defense will not excuse the person from liability if the crime was premeditated or the individual’s intoxication was a result of self-induced alcohol or drug use. Overall, the criminal justice system in New York allows some individuals to use certain defenses when faced with violent crime charges. It is important to consult with an attorney to ensure that you select the best defense applicable to your case.
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