"What defenses do I have?" is one of the most common questions that I get as a criminal defense attorney.  In addition to wanting to know what the likely and possible outcomes are of their criminal case, my clients want to know what defenses can be asserted on their behalf to help protect their liberty and other rights from the consequences of a criminal conviction.  Truthfully, each case is different, and even identical charges may be defended in completely different ways.  I have previously written about the Criminal Defense Motions that your attorney can file to have your Los Angeles criminal case dismissed, or bad evidence thrown out.  If your rights have been violated by the law enforcement officers who made the arrest or investigated the alleged crime, motions to suppress evidence or to dismiss might be the best way to fight the case.  This article provides a list and explanation of the 10 of the most common defenses available in criminal defense cases in Los Angeles and other California counties.

MISTAKEN IDENTITY
Eyewitness testimony can be inherently unreliable.  Even video footage, particularly from surveillance equipment, can be too blurry to really identify someone.  In many CA criminal cases, it is not really in dispute that a crime took place.  If, for example, a store is robbed, and police stop and arrest someone who meets the description a few blocks away, the defense of mistaken identity would likely apply.  The prosecution must prove that the defendant is in fact the person who committed the crime.  They would try to establish this through eyewitness testimony, video footage, and circumstantial evidence like what the defendant had on his person when arrested.  If a positive ID is made while the defendant is in handcuffs or in the back of a squad car,

ALIBI
If a defendant is being accused of committing a crime at a particular time, either due to mistaken identity, false accusation or another mistake of fact, establishing that the person was somewhere else at the time the crime was committed might help to derail the prosecution's case.  Using again, for example, a convenience store robbery, the defendant might be able to prove that he/she was somewhere else at the time of the crime.  Long ago, establishing an alibi may have been more difficult and would have had to rely on eyewitness testimony, the technology we have available today helps a great deal.  Video footage can show a person was in a different, far away location at or near the time of the crime.  What's more, many of the smartphones we all carry have GPS, and can at least show that the phone was somewhere else at the time of a crime. 

FALSE ACCUSATIONS
False accusations are more common than most people would expect.  The truth is, there are many motives for false accusations.  Sometimes the true perpetrator of a crime will blame someone else, and other times no real crime took place, but a false accusation can still lead to an arrest.  False accusations are most common in domestic violence and rape cases, and may be used as leverage in child custody disputes, divorces and just for vengeance.  There is even an immigration benefit to being a victim of a crime of violence, which many believe has led to false accusations of domestic violence.  Beating a false accusation can be difficult, as police, prosecutors and even many jurors have a tendency to believe someone who claims to be a victim.  False accusations can be challenged by pointing out flaws and inconsistencies in the false story, showing the complaining witness' bias, having the defendant testify to what really happened.  If you have been falsely accused of a crime, you need a skilled criminal defense attorney to assert your innocence and fight for you.

SELF-DEFENSE
Assault, battery and even murder charges might be defensible under a theory of self-defense or defense of others.  In order to successfully assert a self-defense defense, it must be that the force used was reasonably necessary to prevent an imminent danger.  This means that retribution for past violence, if it has stopped, does not qualify as self defense.  Overly disproportionate violence will also not justify the acts on self-defense grounds.  Self-defense must be carefully presented because it usually requires admitting to violent acts.  This is why it is important to have the aid of a skilled Los Angeles criminal defense attorney in cases involving self-defense.

ENTRAPMENT
Police often do get away with a little bit of arm-twisting, but cannot flat out convince an otherwise innocent person to commit a crime.  This protection is narrow, because police are trained to stay on the right side of the entrapment line, often giving the suspect and "out" or saying that they don't have to go through with it.  This defense is common in prostitution and solicitation of prostitution cases, and sometimes in undercover drug sales operations.  It is not enough that the police solicit the crime, but the defendant must show that they would not have otherwise committed the crime.  Your lawyer can help to establish that the officers crossed the line, getting an otherwise innocent person to commit a crime, a counterproductive law enforcement tactic. 

NECESSITY AND DURESS
Duress is a defense available to defendants who commit crimes because of threats made from another person.  For example, a person might be threatened into serving as a look out on a crime, or even threatened into a larger role in a crime.  The defendant cannot rightfully be culpable under these circumstances.  Similarly, the defense of necessity can be used if the commission of the crime was committed to avoid a greater harm. 

INSANITY DEFENSE
Not all "insane" or "crazy" defendants can avoid convictions and consequences.  If this were the case, many of the most violent criminals in history would have been able to avoid incarceration.  In order to successfully assert an insanity defense, it is necessary to show one of two things: (1) the defendant didn't understand the true nature of the act, or (2) the defendant could not tell the difference between right and wrong.  If you believe that you or a loved one may be able to assert the insanity defense, discuss the matter right away with a criminal defense lawyer.

VOLUNTARY AND INVOLUNTARY INTOXICATION
Voluntary intoxication will usually not be a defense to a crime.  Being under the influence of drugs and alcohol can make people do stupid things, and consequences of stupid actions are a risk someone takes when consuming drugs or alcohol.  Still, voluntary intoxication can help establish a lack of specific intent for some crimes.  Involuntary intoxication can serve as a defense to almost any crime.  If you were arrested or charged with a crime and drugs or alcohol were involved, this is an important fact to discuss with your lawyer.  If it can be used to your benefit, a skilled, knowledgeable and experienced criminal defense attorney will know how to present the evidence in a way that helps you fight the charges and hopefully avoid the negative consequences that would be associated with a conviction.

REASONABLE DOUBT
Ultimately, it is up to the government to prove the defendant's guilt.  Poking holes in the government's story is one of the most important, and most common ways to fight a criminal charge.  The burden of proof beyond a reasonable doubt is the highest burden our courts employ, and this is because of how much is at stake.  Still, juries are predisposed to make decisions based on a smaller burden.  We are not wired to act only when reasonably certain, but it is important for your lawyer to get the jury to look at the case through the appropriate lens, and only to find you guilty if the government can prove each element of the crime(s) charged beyond a reasonable doubt.

IF YOU OR A LOVED ONE ARE FACING CRIMINAL CHARGES IN CALIFORNIA, YOU NEED A PASSIONATE, AGGRESSIVE AND KNOWLEDGEABLE CRIMINAL DEFENSE ATTORNEY TO ASSERT YOUR RIGHTS AND DEFENSES AND FIGHT FOR YOU IN COURT.  TO DISCUSS THE DETAILS OF YOUR CASE AND WHAT DEFENSES YOU MIGHT HAVE AVAILABLE, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION.  213-375-3775
Feel free to contact our office anytime.  24 hours a day, 7 days a week.  We can discuss the details of your case, the possible and likely outcomes, and how to best go about fighting the case to help you.  Speak to a passionate, aggressive and experienced Los Angeles Criminal Defense Attorney today.