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4 Common Defenses Criminal Defense Attorneys Use in Florida

by | Feb 5, 2021 | Criminal Defense, Criminal Defense, Criminal Defense Lawyer |

When someone is charged for a crime, there are two things that must be proven in order for the charges to stick. These two factors are proof that a crime was committed and that you are the one who committed the crime. When being represented by a skilled criminal defense they will likely use one of many common defenses to explain your case. In addition to any evidence or facts that may prove your innocence.

Here are five common defenses your attorney may use when they are representing your case:

Insanity – Whether temporary or due to an existing mental condition, pleading insanity means that the defendant wasn’t in their right mind at the time of the crime. This means that in those moments when the crime was committed they weren’t in a mental space to process right from wrong and were unaware that they were committing a crime.

Self Defense – A self-defense plea means that the defendant was protecting himself or herself from a threat that then resulted in them committing a crime. In the state of Florida the law states that you’re allowed to use force, even deadly force, in order to defend yourself, someone else, or your property.

Lack of evidence – Exactly as it sounds; this defense is used when there isn’t enough evidence to prove beyond a reasonable doubt that the defendant is the one who committed the crime in question.

Entrapment – Florida law allows for two types of entrapment defenses – subjective and objective. Subjective entrapment means that the defendant must show that law enforcement induced them to commit an act outside of their normal behavior. An objective entrapment situation states that law enforcement is accused of engaging in egregious behavior. Crimes attached to this type of defense include drug sales, prostitution, and cyber crimes.

If you or someone you know are being charged for a crime, hiring an experienced criminal defense attorney is in your best interest as they have the skills and knowledge to assist you during the judicial process. Russell Spatz has represented clients for over 40 years and is ready to hear your case. Give him a call today at 305-442-0200 to bring him up to speed on your situation.

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