What Are the Most Common Defenses Used by Criminal Defense Attorneys in Baltimore?

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by Martha Thomas 37 Views comments

When facing criminal charges, one of the most important decisions you will make is choosing the right defense strategy. Criminal defense attorneys in Baltimore, including Baltimore criminal lawyers and criminal defense lawyer Baltimore County, utilize a variety of defense strategies depending on the circumstances of the case. These strategies are designed to challenge the prosecution’s evidence and cast doubt on the accusations against the defendant. In this blog, we’ll explore some of the most common defenses used by criminal defense attorneys in Baltimore.

1. Lack of Evidence

One of the most fundamental defenses used by criminal defense lawyers in Baltimore is challenging the sufficiency of the evidence. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the prosecution fails to provide enough evidence to support the charges, the criminal lawyer in Baltimore may argue that the case should be dismissed. This defense can be particularly effective in cases where the evidence is circumstantial or where key evidence is missing.

In some situations, a criminal defense lawyer in Baltimore may argue that the evidence was improperly collected or contaminated, which could result in the exclusion of critical evidence. For example, if law enforcement violated the defendant’s rights during a search or seizure, any evidence obtained in violation of the Fourth Amendment may be inadmissible in court.

2. Alibi Defense

An alibi defense is a common strategy used by criminal defense attorneys in Baltimore when the defendant claims to have been somewhere else at the time the crime was committed. If the defendant can provide strong evidence or testimony to support their alibi, this defense can create reasonable doubt about their involvement in the crime.

An alibi could be supported by eyewitness testimony, phone records, surveillance footage, or GPS data. Criminal defense lawyers in Baltimore County may thoroughly investigate the defendant’s whereabouts and present evidence that disproves the prosecution’s timeline, ultimately leading to a more favorable outcome for the defendant.

3. Self-Defense

Self-defense is a widely used defense in criminal cases involving violence, such as assault or homicide. In Baltimore, criminal defense lawyers may argue that the defendant acted in self-defense, meaning they used force to protect themselves from imminent harm. For this defense to be successful, the attorney must show that the defendant had a reasonable fear of imminent harm and that the force used was proportionate to the threat.

For instance, if a defendant was physically attacked and used reasonable force to protect themselves, a criminal defense lawyer in Baltimore could argue that the defendant’s actions were justified. However, if the defendant used excessive force or initiated the violence, the self-defense claim may not be applicable.

4. Mistaken Identity

Mistaken identity is another common defense strategy employed by criminal attorneys in Baltimore. In cases where the defendant is accused of a crime they did not commit, the defense attorney may argue that the defendant was wrongly identified as the perpetrator. This defense is particularly effective when the defendant’s appearance is similar to that of the actual perpetrator, or when eyewitness testimony is unreliable.

For example, if the defendant was accused of a robbery, the criminal defense lawyer in Baltimore may argue that the eyewitness misidentified the defendant as the perpetrator. Factors like poor lighting, stress, or a quick glimpse of the suspect can lead to incorrect identification. A strong defense may rely on proving the defendant’s innocence through an alibi or other evidence.

5. Entrapment

Entrapment occurs when law enforcement or government agents coerce or induce someone to commit a crime they would not have committed otherwise. A Baltimore criminal defense attorney may use the entrapment defense if they can prove that law enforcement officials played a significant role in encouraging or pressuring the defendant into committing the criminal act.

For instance, if an undercover officer convinces a defendant to sell drugs or engage in illegal activities by offering them money or making promises, the defendant may argue that they were entrapped into committing the crime. The burden of proof in entrapment cases lies with the defendant, but experienced criminal attorneys in Baltimore can effectively argue this defense to protect their clients.

6. Insanity Defense

The insanity defense is a legal strategy used when the defendant is unable to understand the nature of their actions due to mental illness. In Maryland, as in other states, a defendant may be found not guilty by reason of insanity if they were incapable of understanding the consequences of their actions at the time the crime was committed.

A criminal defense lawyer in Baltimore will need to present medical evidence, including psychological evaluations, to establish that the defendant was suffering from a mental illness at the time of the offense. This defense is often complex and requires the expertise of mental health professionals, but it can be a viable option in cases involving serious criminal charges.

7. Consent

In certain cases, criminal defense lawyers in Baltimore may use the consent defense, particularly in cases involving sexual assault or battery. The defense argues that the alleged victim consented to the actions that led to the charges. However, consent must be clear and voluntary, and the defense may not apply if the victim was coerced or manipulated into consenting.

A criminal defense attorney in Baltimore County may explore various avenues to demonstrate that the alleged victim’s actions indicated consent or that the defendant had reason to believe consent was given. It’s important to note that the consent defense is highly case-specific and will depend on the facts of the situation.

8. Coercion or Duress

In some cases, a criminal defense attorney in Baltimore may argue that the defendant committed the alleged crime under duress or coercion. This means that the defendant was forced to commit the crime due to the threat of immediate harm or danger to themselves or others.

For example, if someone was threatened with physical harm unless they committed a robbery, their criminal lawyer in Baltimore might use the duress defense. The defense argues that the defendant was not acting voluntarily, but rather under pressure to avoid harm.

Conclusion

Criminal defense attorneys in Baltimore use a variety of strategies to protect their clients and challenge the prosecution’s case. Whether it’s presenting an alibi, challenging evidence, or asserting self-defense, these defenses are designed to create reasonable doubt and secure a favorable outcome for the defendant. If you’re facing criminal charges in Baltimore or Baltimore County, it’s crucial to work with a skilled Baltimore criminal defense attorney who can evaluate your case and determine the best defense strategy to protect your rights and freedom.

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