Defenses To Crimes In Birmingham and Throughout Alabama

Arrests in Birmingham and the rest of Alabama occur on a daily basis. Some of these individuals are innocent, but others are guilty of the commission of the crime. In many situations, individuals are able to present strong legal defenses in response to these charges. In order to craft the strongest defense possible to an offense, it is wise for individuals to retain the service of experienced legal counsel. In some situations, individuals may be able to present evidence on their own behalf in addition to witnesses who can testify to a potential defense.  

Categories Of Legal Defenses In Alabama

There are actually two types of legal defenses: affirmative defenses and complete defenses that altogether reject a charge. Affirmative defenses do not attempt to debate the event that happened but offer a reason why an individual should not be held liable. The other category of defenses attempts to argue that the charged offense did not occur and that resultantly an individual bears no liability for the crime that occurred.                

Types Of Affirmative Defenses In Alabama

Affirmative defenses are called affirmative because these types of legal responses acknowledge that some of the evidence that prosecution presents about a case is true. These defenses require that an individual comes up with some evidence that manages to demonstrate an individual acted in a justified manner that excuses liability. Many of these defenses relate to the mental or physical condition of an individual during the commission of the crime.  

  • Coercion and Duress. This type of defense argues that an individual completed a crime but only because a third party was threatening the individual to do so.
  • Insanity Defense. The insanity defense argues that an individual lacks the mental ability to understand the nature of a crime. The state of Alabama utilizes the M'Naghten rule in regards to the insanity defense, which examines whether an individual understood right from wrong and was able to appreciate the nature of the crime that was being committed.
  • Self Defense.  Self defense is applicable when an individual accused of committing a crime can argue that the individual was first threatened or assaulted by the victim.

Complete Defenses

These defenses attempt to argue that an individual did not commit a crime at all. These types of legal defenses include the following:

  • An Alibi. Alibis are defenses that involve naming witnesses to the commission of a crime who can account for where a defendant was at the time a crime was committed.
  • Failure to Prove Beyond A Reasonable Doubt. Prosecution in a criminal case must demonstrate that an individual failed to prove evidence beyond a reasonable doubt. This standard is particularly high and in many cases, the prosecution is simply unable to present evidence that satisfies this standard.

How An Experienced Birmingham Criminal Defense Attorney Can Help

Individuals who face criminal charges are advised to consult with an experienced Birmingham criminal defense attorney who has experience helping other clients craft the strongest defense possible. To increase the chances of a successful legal defense, clients should contact the legal talent at Eversole Law LLC today.

We serve the following localities:

Birmingham, Jefferson County including Bessemer, Homewood, Hoover, Irondale, Leeds, Mountain Brook, Trussville, and Vestavia Hills, Shelby County (including Pelham, Alabaster, Chelsea, Calera), Tuscaloosa, Auburn, Huntsville, Calhoun County including Anniston, Etowah County including Boaz and Gadsden, Cullman County including Arab and Cullman, Madison County including Huntsville and Madison, Montgomery County including Montgomery, and all of Alabama.

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