Who Has to Prove What?

The most common defense strategy for anyone faced with a criminal charge is to plead innocence. You probably know that when you become a defendant in a criminal court, you start with a presumption of innocence. You do not have to prove anything. When you plead “not guilty,” the burden of proof shifts to the government prosecutor who then must prove your guilt beyond any reasonable doubt.

Doubt is a keyword in every defense strategy. Defense attorneys present evidence on their clients’ behalf to introduce enough “reasonable” doubt to prevent the prosecutor from reaching the high bar of having to prove guilt beyond any reasonable doubt. So rather than a strategy of proving your innocence, your attorney will be defending you with evidence that introduces doubt about the degree of your involvement in the alleged crime.

Requirement for a Criminal State of Mind

If there is an incident where an accuser claims you have either verbally or physically threatened them, that can lead to a charge of assault. The government must prove that you intended the accuser to fear imminent harm from you either by your words or from your threatened actions, even if you never touch the accuser.

Physical injury is not required to convict for a charge of assault. A conviction can result if a judge or jury believes a verbal threat did make the accuser fear their person was in immediate danger. The prosecutor still has the burden to prove you intended to carry your threat out. Your attorney may argue the prosecutor’s evidence to prove your intentions does not satisfy the high bar of “beyond a reasonable doubt,” and therefore you are not guilty. This same element of intent must be proven in many crimes of actual or threatened behavior illegal.

Is it a Misdemeanor or Felony?

All non-federal crimes are defined by the state legislatures. The states separate less serious criminal behavior into a category called “misdemeanors.” In most states, punishment for crimes in this category is less than one year in jail, perhaps a fine, or community service, etc. A more serious category of crimes in state laws is a “felony.” Maximum punishments for felonies can be life, or in some states, the death penalty.

Defending Against False Criminal Charges

Some of the most common criminal charges often have what are called the same elements of a crime in common. The government must prove your actions fit the required elements in the statute that defines a crime. Here are some of the most common criminal charges including a typical defense that defense lawyers use to protect an innocent client.

Sex Crimes

Sex crimes can involve unlawful activity with a minor or the charge can result from only the word of a person reporting the sexual crime. It becomes a “he-said-she-said” battle of claims between the word of the accuser and the accused. Your experienced criminal defense attorney will evaluate strategies most likely to defeat false charges by considering:

1. actual innocence
2. mistaken identity
3. consent
4. others

Drug Crimes

Drug laws are evolving in many states, which means some jurisdictions may be tougher on enforcement than other courts in the same state. An experienced criminal defense attorney will develop the most effective strategies against false drug charges:

1. entrapment
2. suppression of evidence
3. actual innocence

Financial & White-Collar Crimes

If you are charged with crimes related to finance, don’t say anything until you have talked to an experienced “white-collar” criminal defense attorney. The umbrella of the white-collar crime category can cast a large shadow. Often these crimes are prosecuted under a federal statute and in federal court. Therefore, discuss with your criminal attorney their experience in federal court if necessary.

1. embezzlement
2. fraud
3. extortion
4. RICO (racketeering)

As you can see, from the moment you are charged with a crime, the first person you should turn to for resources for an effective defense is your experienced local attorney. We want you to leverage all of the resources the law provides so that justice and our justice system protect you to the full extent of the law. Click the link below for additional help.