Common Defenses To Criminal Charges In Ohio
A criminal conviction can have serious repercussions on one’s future. Heavy penalties, fines, and jail terms can have extreme consequences on one’s physical and mental well-being. Therefore, it is important to know your rights and defenses when faced with a criminal charge.
Defenses To Criminal Charges In Ohio
Lack of Proof
In a criminal case, the burden of proof is on the prosecutor. The prosecutor needs to establish and prove all the facts and circumstances that prove that the personal facing criminal charges has done a criminal act. A lack of sufficient evidence may lead to dropping of the charges. The prosecutor must also prove all the required elements such as criminal intent to be able to prove guilt.
Defense of Self or Others
An act done to protect yourself or certain others from a conceived threat may be protected under law. It is a commonly used defense and applies to a variety of cases. Sometimes, the court may agree that it was necessary under the given circumstances to take the action for which you are facing the criminal charge. This is mostly used in cases of physical violence.
Coercion into commitment of a crime or a threat for the same may also sometimes be a valid defense in a criminal case. Mostly, such defenses are used in juvenile and gang-related crimes.
This defense is valid when it can be shown that the charged person is incapable of differentiating between right and wrong or cannot control his or her actions. It requires the proof of a particular mental situation.
This defense requires the charged person to prove that at the time of the commitment of the crime, he or she was physically present at some other place. This can be proved through witness testimony or other evidence such as photos, bills, receipts from a particular place.
Other common defenses include entrapment, mistaken identity, credibility of the evidence submitted by the prosecutor, and failure to give Miranda Warnings. It is important to consult a criminal defense attorney soon after being charged with a criminal offense. At Ziccarelli & Martello, we offer skilled criminal defense to our clients facing criminal charges. Our attorneys have successfully defended many clients facing criminal charges. Contact us today for a free consultation.