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When faced with criminal charges, you must try to maintain your cool because the law has enough provision to protect the rights of the person charged with a crime in the USA. No matter how serious the charges might be a criminal lawyer from a reputed law firm like Damianakos Law Firm can suggest the ways of defending yourself even though it is no easy matter. The lawyer can better understand the elements of the crime stated in the charges and see what defenses may be available against those. There is no need to defend against all the elements stated in the charges as the jury would try to identify only a single charge that establishes the crime beyond a reasonable doubt. However, there are some common defenses to a criminal charge.
I did not do it
Since the burden of proving the elements of the crime beyond a reasonable doubt is on the prosecutor, the most basic and perhaps the easiest defense of any criminal charge is to deny having done the crime if you did not do it.
Innocent until proven guilty
The American legal system always presumes that you are innocent until proven guilty. The judge and jury assume that you are innocent, to begin with until they see and get convinced about something on the contrary.
What the prosecutor must demonstrate
The prosecutor must show the judge or jury that there should not be any doubt about the guilt and that the charges are very much valid. In case the prosecutor is unable to establish the charges free from any doubt, the innocence of the defendant will prevail. The challenge is quite tough for the prosecutor because of the high standard, and defendants would usually try to raise some reasonable doubt to make light of the prosecutor’s allegations.
Pointing to an alibi
To prove that they did not do it, defendants usually demonstrate that it is beyond their abilities to have done the crime which raises the possibility of the judge or jury accepting that they could not have done it. The defendant can use the alibi defense to establish the fact that he or she was not at the scene of the crime or was with someone else and in no way should anyone think of him or her as the perpetrator.
Since criminal defense has various facets, only a criminal defense lawyer can save the defendant from possible conviction by considering the legal ramifications of the charges.