Common Defenses to Violent Crime Charges
Defense attorneys may use a range of strategies when fighting violent crime charges. Some common elements in a defense include:
- The victim or witnesses aren’t being truthful: Victims and witnesses can misinterpret or misconstrue events, and sometimes they flat-out lie.
- Mistaken identity: In some cases, the defendant may be mistaken for the actual perpetrator.
- Fourth Amendment: The fourth amendment protects us from illegal searches and seizures. If critical evidence was discovered during an illegal search, it may be excluded.
- Police error: Some cases are thrown out because of impropriety or misconduct on the part of law enforcement.
- Chain of custody: When evidence is found at the crime scene, it is taken into police custody, sent to a crime lab for analysis, and then sent back to the police department. While the evidence is changing hands, the police are required to keep a chain of custody record documenting who has the evidence and when. If the record is flawed, the defense may argue that the evidence submitted is not actually the evidence taken from the crime scene.
- Entrapment: The police cannot coerce a person into committing a crime.
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Common Penalties for Violent Crimes
The punishment for a violent crime hinges on whether the crime is charged as a misdemeanor or a felony. In California, misdemeanor offenses may result in jail sentences of less than 1 year, while felony offenses can lead to prison terms of more than 1 year. The most serious felony offenses could land a person in prison for life.
There are also punishments besides incarceration. Defendants may be saddled with hefty fines and forced to forfeit certain civil liberties, such as gun ownership. A conviction could also affect a person’s job prospects, housing search, child custody matters, and personal relationships.
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