» Criminal Defense

Criminal Defense

Criminal defense is a defense mounted for someone who has been arrested or accused of committing a crime. The goal of a criminal defense attorney when defending a client is to avoid criminal (or civil) liability, achieve a not guilty verdict or, at a minimum, a reduction in sentencing. An example could be a criminal case in which the defendant is accused of a white collar crime. The defense may be that the charges have been filed against the wrong person; that the crime was committed, but not by the accused or that the crime is not what it may appear to be on the surface.

The defendant in a criminal case has the right to refute any allegations against them, and may also make their own allegations against a plaintiff or prosecutor to mount their defense. At the same time, they could assert that even if the charges or allegations against them were true, they are not the responsible party.

In criminal cases, the prosecution carries the burden of proof; the state or federal government must prove that the defendant committed the crimes of which he or she is accused. It is assumed, from the moment a charge is filed or a defendant enters a courtroom, that he or she is innocent. Defendants should not feel railroaded into confessing to a crime; everyone is entitled to a defense under the Constitution. Depending on the severity of the accusations, hiring a criminal law attorney may be the best way to ensure a positive outcome for the defendant.