Establish the Offense
Depending on the gravity of the charge and the possible sentence for the said offence, a crime can generally be classified as a felony or misdemeanor. Felonies are serious criminal charges including murder , robbery and kidnapping, but not limited to. Punishable for at least one year’s incarceration, typically higher, a criminal conviction entitles the convict to a jury trial while a offense does not automatically convene a jury unless the offence is too severe to merit it. Visit our website to get free information about Air Force Attorney
While this system of dual classification is still recognized by federal law, a number of state legislatures have, however, enacted systems called the Model Penal Code which classifies crimes by gradation. Under these legal definitions, first-degree crimes are typically charges that would be classified as a crime while fourth-degree charges cover minor offenses such as violations and misdemeanour.
Talks on plea
The criminal defense counsel may suggest admitting ‘guilty’ or ‘not guilty’ to the charges before the arraignment is finally set, based on the offence. In general, the burden of proof lies with the prosecution, and either the defendant can choose to defend himself actively against the charges or choose to plead guilty for a lesser charge. As such, it is essential both purpose and motive to prove the defendant guilty as charged beyond reasonable doubt.
Typically, the defendant can challenge the credibility as well as the strength or evidence presented while pleading guilty offers the possibility of reducing the charges originally indicted when taking a ‘not guilty’ stand. This may eventually contribute to what is considered a guilty deal, where a criminal defense counsel will compromise with the prosecutors, thus withdrawing one or two charges or lowering the initial conviction to one of the possibly lesser seriousness offenses.
Strategies for Criminal Defence
In case the defendant is actually contesting the charges, a skilled lawyer may want to adopt a more challenging defense strategy for best court representation. First of all, your lawyer can claim factual errors in the chain of events as portrayed by the prosecutor, and this is often a useful strategy simply because the burden of proof lies with the prosecution alone. On the other hand, affirmative defenses can also prove useful, whereby the defendant actually admits to the factual allegations presented by the prosecution, but seeks justification on the basis of the grounds on which the act of guilt took place. For example, an act of assault or battery committed in self-defence can not be proven to be unlawful unless the court establishes that deadly force has been employed beyond a reasonable limit.