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Common Criminal Defenses

by | Feb 21, 2023 | Criminal Charges, Criminal Defense |

In Florida, just as in any other state, individuals accused of a crime have the right to defend themselves against the charges. While every case is different, there are some common criminal defenses that defendants may use to prove their innocence or reduce the severity of the charges.  Criminal defense refers to the legal strategy and representation that is used to defend individuals or entities that have been accused of committing a crime. The primary objective of criminal defense is to prove the innocence of the accused or to minimize the severity of the charges and the corresponding penalties if guilt is established.

In most criminal cases, the defendant is represented by a criminal defense attorney, who will work to build a case in their client’s favor. This may involve investigating the circumstances surrounding the alleged crime, gathering evidence, interviewing witnesses, and presenting arguments in court that challenge the prosecution’s case

Most Common Criminal Defenses In Florida.


This is one of the most common criminal defenses. Under Florida’s law, a person is justified in using force, including deadly force, to protect themselves or others from imminent harm. The use of force must be reasonable and necessary, and the individual must believe that their life is in danger. If the individual can prove that they acted in self-defense, they may be acquitted of the charges.

Insanity Defense

The insanity defense is another common criminal defense used in Florida. It is used when an individual is not capable of understanding the consequences of their actions due to a mental illness or problem. If the defense can prove that the defendant was legally insane at the time of the crime, they may be acquitted of the charges.


This is a defense used when law enforcement officers induce or encourage a person to commit a crime that they would not have committed otherwise. If the defendant can prove that they were induced or encouraged by law enforcement to commit the crime, they may be acquitted of the charges.


This is a defense used when an individual is forced to commit a crime under threat of harm. If the defendant can prove that they committed the crime under duress, they may be acquitted of the charges.

Mistaken Identity

This is used when the defendant claims that they were wrongly identified as the perpetrator of the crime. If the defense can prove that the defendant was not present at the scene of the crime or that there is a reasonable doubt about their identity, they may be acquitted of the charges.

Lack of Evidence 

This is used when the prosecution cannot prove beyond a reasonable doubt that the defendant committed the crime. If the defense can create doubt in the minds of the jury about the guilt of the defendant, they may be acquitted of the charges.


If you are facing criminal charges in Florida, it is important to consult with an experienced criminal defense attorney who can evaluate your case and determine the best defense strategy for you. Keep in mind that every case is unique, and the best defense strategy will depend on the specific circumstances of your case. A skilled attorney will be able to guide you through the legal process and help you achieve the best possible outcome.

Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. 

To arrange a consultation with Russell Spatz, call 305-442-0200 or contact him online.


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