Georgia Criminal Defenses in Georgia
There are abundant defenses that could apply to a criminal case to help prove your innocence or to reduce the charges. The difficulty is not in finding defenses but instead lies in determining which ones apply to your case. The following is a list of defenses that could potentially apply to your case but it is not exhaustive. You need a Georgia Criminal Defense Attorney to assist in determining which defenses will be the most beneficial to argue. For any questions or a free case evaluation, contact the Office of Lawson and Berry today.
Criminal Defenses in Georgia
Abandonment of Effort: This defense applies when a person abandons his effort to commit a crime of prevents the commission of a crime.
Alibi: A claim that the defendant was elsewhere when an act, typically a crime, was alleged to have taken place.
Coercion: Occurs when a person persuades the defendant to do something by using force of threats.
Conviction for Lesser Included Offenses: Occurs when all the elements necessary to impose liability can be found in a lesser included offense than the crime charged with.
Delusional Compulsion: This defense can apply when a person has a mental disorder that compelled them to believe something, which if were actually true, would justify their actions.
Diversion: Diversion is a program that is an alternative to going to jail for first time offenders.
Entrapment: A person may not be guilty of a crime if there is evidence that his conduct was induced or solicited by a government officer for the purpose of obtaining evidence.
Equal Access: The equal access defense states that if multiple people had access or could have had possession of illegal drugs.
Georgia First Offender Act: In Georgia, when a person has not been convicted of a felony before, the defendant may be put on probation instead of being convicted of a crime.
Immunity: When a person renders assistance reasonably to a law enforcement officer, they will be immune from any criminal liability that might otherwise occur.
Impossibility: The impossibility defense applies when the defendant completed actions intending to be a crime but the acts did not legally amount to a crime.
Insanity: A person may not be found guilty of a crime if they did not have the mental capacity to distinguish between right and wrong at the time of the act.
Involuntary Intoxication: Involuntary intoxication applies when a person did not have sufficient mental capacity to distinguish between right and wrong because of the intoxication.
Justification: The justification defense applies in certain circumstances and is a complete defense to prosecution for any crime if it applied to the situation.
Minimum Age: Georgia law does not allow for a person to be found guilty of a crime unless they are at least 13 years of age.
Misfortune or Accident: A claim that the action was committed by misfortune or accident and there is no evidence of criminal scheming or intention may be a defense.
Mistake of Fact: A person may not be guilty of a crime if their action or failure to act was induced by a misapprehension of fact, which, if true, would have justified the act or omission.
Multiple Prosecutions for Same Conduct: A person cannot be charged with the same offense twice.
No Duty to Retreat Prior to Self Defense: There are certain situations where a person does not have to retreat before engaging in self-defense. In those circumstances, they will not be guilty of using force.
Opprobrious or Abusive Language: When charged with a crime, evidence of opprobrious or abusive language that incited the crime may be justification.
Self Defense: Occurs when a person uses force against another to defend themselves from another's use of unlawful force.
Use of Force in Defense of House: Occurs when a person uses force to prevent another from entering their habitation.
Use of Force in Defense of Other Property: Occurs when a person uses force to prevent another from interfering with real property other than a home.
Contact Us Today
Even if you grasp these defenses, you still need a Georgia Criminal Lawyer. It is difficult to know who has the burden of proof with these defenses and how to meet that burden. While it is important to be knowledgeable about the criminal process, it does not replace the need for a Criminal Defense Attorney in Georgia.
Lawson and Berry has over 50 combined years of experience in defense work so let their experience work for you today. They understand that crime does not follow regular working hours so their office is available nights, weekends, and holidays. Contact them today for a free case evaluation.