If you are facing a criminal case in Virginia, you may explore ways to defend yourself. Virginia law offers several legal defenses that you can use. However, it is important to understand that not every defense is suitable for your specific case.
This article provides you with some of the top legal defenses when faced with a criminal case in Virginia.
Making a Plea of Alibi
One of the most common defenses in a criminal trial is the plea of alibi. This is where the accused says they were not at the crime scene at the time of the commission, and they were by someone else.
“For the defense of alibi to be effective in a criminal trial, you must provide detailed proof that you were at a different location at the time of the crime,” says Virginia-based criminal defense attorney Manuel Leiva of The Leiva Law Firm. “You can do this by calling witnesses who saw you at a different location.”
You must note that the defense of alibi needs to be pleaded at the earliest possible stage and should not be an afterthought.
Claiming Self-Defense
As a legal principle, you can protect yourself when faced with a situation that affects your life or property. As such, any act of defending yourself, even if it amounts to a crime, can be justified in self-defense. The challenge, however, with self-defense is that the force used in defending yourself must be proportionate to the force used against you. When there is any form of disproportionality, the defense of self-defense may not be applicable in a criminal trial.
Speaking with a criminal defense attorney in Virginia before opting for self-defense is highly recommended to be sure it is the most suitable option.
The Argument for Insanity
For you to be deemed capable of committing a crime, the law requires that you be of a sane mind at the time the crime was committed. This legal requirement creates room for a possible defense when faced with a criminal trial. In pleading insanity, you have to introduce facts and evidence that show that you suffered mental issues at the time the crime was committed.
The defense for insanity does not require you to be completely insane for it to succeed. Even actions done during a period of mental unconsciousness can come under the defense of insanity. The challenge with this defense is that it requires medical experts who can testify to your mental state at the time the crime was committed.
Leveraging Constitutional Violations
A line of defense during a criminal trial is the possibility of constitutional violations during the build-up to the trial. Here, the defendant challenges the legality of the evidence presented by the other party. If they can establish any illegality, this can affect the outcome of the case, as the courts pay attention to procedural compliance.
Another constitutional violation that a defendant can leverage in a criminal trial is illegal arrest procedures. The law states clearly how arrests should be conducted in a criminal trial. Anything short of that can result in illegality that can be used as a defense.
Why You Need a Criminal Defense Attorney in Virginia
Criminal trials are no joke in Virginia, especially when you are the defendant. With a comprehensive strategy, you might spend time in jail, and that is where a criminal defense attorney comes in. An attorney in Virginia can help review your case based on the facts and applicable laws. Afterward, they can present you with different defense options.
In addition, they also provide you with quality representation with a defense strategy that tells your account of the event in a convincing way to the jury and judge.
Conclusion
The legal defense you employ at a criminal trial can be the difference between jail time, a reduced sentence, or an acquittal. This is why you immediately need to speak with a criminal defense attorney in Virginia to discuss your case and the legal options that are most suitable for you.
Also Read: The Common Types of Federal Cases Handled by Criminal Lawyers
