Types of Legal Defense for Criminal Charges

Criminal charges range depending on the type of crime you have been charged for. However, almost all criminal charges make a noticeable impact on your day-to-day life. In order to receive the best outcome for your situation, you need an experienced criminal law attorney who understands the different types of legal defense available. By hiring the right attorney, you can receive the best type of legal defense for your criminal charges.

Misdemeanor vs. Felony

There are two charges you can receive if you are convicted of a crime–misdemeanor or felony. This depends on the severity of the crime and the circumstances around it.

In Wisconsin, the main difference between a misdemeanor and a felony is the severity of the committed crime. A misdemeanor in Wisconsin is any crime not punishable by imprisonment in the Wisconsin State Prison System. However, a misdemeanor could include incarceration at a county jail facility. In contrast, a felony is a crime that could result in over a one-year sentence in the Wisconsin State Prison System. Besides imprisonment, both misdemeanors and felonies can result in fines as well.

Legal Defense for Criminal Charges

The type of legal defense that is best suited for your case will depend on the situation. If you were wrongfully convicted, there will be strategies more effective to prove your innocence. However, if you did commit the crime, there will be different tactics used to plead your case and lessen the sentence.

Innocence

If you are innocent and did not commit the crime you were charged with, your lawyer will plead innocent. In doing so, you do not have to prove that you were innocent. It is the prosecution’s duty to build a case against you. While you do not need to prove anything, you could provide testimony, documents or any other kind of evidence that supports your case.

Alibi

The main difference between pleading innocent over having an alibi is that for an alibi, you have to prove the defense. This means you need clear records of where you were and who you were with when the crime happened. The more details and evidence you have, the stronger your case will be.

Defense of Yourself, Others or Property

If you were defending yourself, others or your property from an attacker or intruder, you will have a solid defense. However, the circumstances surrounding your defense and the level of force you used could impact your case. The amount of force used by the defendant must be reasonable to the amount of force used by the victim. This means that the force should be equal to or less than that used by the victim.

There is one major difference between defending yourself and others and defending your property. In defense-of-property, if you use force to protect your property from an intruder, it can never be lethal.

Duress/Coercion

Another type of legal defense for criminal charges is being under duress or coercion. If someone was threatening you or a loved one to get you to commit a crime, your case will be treated differently than if you had the intention to commit the crime.

Necessity

A necessity defense means that by committing a crime, you prevent greater harm from occurring. An example of this could be stealing supplies or a vehicle in an emergency situation. For this defense, it is key to have as many details as possible in order to convey that this crime was a necessity and that the defendant did not have any other option.

Contact Criminal Defense Attorney King Tse for Your Legal Defense

If you have criminal charges, contact King Tse today. Prior to Dahlberg Law Group, King worked as a Public Defender handling over 100 cases a year. King is primarily a trial attorney and has conducted jury trials from OWI matters to strangulation and suffocation charges. By hiring King, you can be confident that you have an experienced and dedicated attorney fighting for you. Set up a consultation with King today.

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