Defending a case generally falls into one of these categories:

  • A crime never occurred.
  • A crime was committed, but you were not involved. Common defenses in this situation are:
    • Mistaken Identification
    • Alibi
    • Framed
  • A crime occurred, but there is a legal defense/justification to your actions. Defenses that are used in this situation include:
    • Agency
    • Duress
    • Entrapment
    • Infancy
    • Emergency Measure
    • Self-Defense
    • Renunciation
  • A crime happened, but the defendant is not responsible.
    • Mental Disease or Defect
    • Intoxication (Drugs/Alcohol)
  • A crime happened, but not the crime that was charged.
    • Lesser Included Offenses
    • Extreme Emotional Disturbance

To defend your case, it is important to remember that you are presumed innocent of all charges.  The burden to prove your guilt is on the prosecution, who must establish that you committed every element of the crime charged beyond a reasonable doubt.  In other words, you do not have to prove your innocence or that you are not guilty.