How the Top Lawyers Win Tough Cases
This in-depth blog post explores the various criminal defenses available under Georgia law. It covers the 12 most common and effective defenses attorneys use to fight charges, along with real examples and strategies top lawyers employ.
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Georgia has a robust set of criminal defenses that allow those accused of crimes to argue their innocence in court. However, it takes a highly skilled criminal defense attorney well-versed in the nuances of Georgia law to properly evaluate defenses and build a strong case. This guide breaks down the top defenses and how the best lawyers apply them.
Some of the most common and successful defenses include:
- Self defense - If a person reasonably believes force is necessary to defend themselves or others from unlawful force, charges may be dismissed or reduced. Self defense is commonly used in assault and homicide cases.
- Lack of criminal intent - Prosecutors must prove beyond a reasonable doubt the defendant intended to commit the crime. Missing or ambiguous intent can defeat charges for crimes like drug possession, theft, or fraud.
- Mistake of fact - The defendant was genuinely unaware of key factual elements that made their actions illegal. For example, reasonable belief they had permission to take property.
- Insanity defense - In rare cases, a person may be found not guilty by reason of insanity if during the crime they lacked substantial capacity to understand the nature and quality of their acts.
- Alibi defense - Strong evidence the defendant could not have committed the crime, like proof they were elsewhere at the exact time. Alibis require meticulous preparation to corroborate with documentation.
- Self incrimination protections - Defendants cannot be compelled to testify against themselves, so statements to police without a lawyer present may be suppressed.
- Selective or vindictive prosecution - Charges brought due to improper reasons like race or in retaliation for lawful acts require dismissal. Prosecutorial misconduct must be proven.
- Speedy trial violations - Defendants have the right to a prompt adjudication. Major delays can result in charges being dropped if the defense shows prejudice.
- Search and seizure violations - If evidence is obtained through an unlawful search, arrest, or interrogation in violation of 4th Amendment rights, it may be excluded from trial.
- Entrapment defense - When government agents induce or persuade innocent people to commit crimes they wouldn't otherwise through excessive coercion or deception. Rare but can nullify charges.
- Statute of limitations - Prosecution must be commenced within the time period set forth in law. Expired limitations prevent charges from proceeding.
- Plea deals and sentence bargaining - Skilled negotiators can craft agreements where defendants plead guilty to lesser counts in exchange for a lighter punishment. This avoids risk of a harsher sentence if convicted at trial.
