Establishing an Effective Criminal Defense
If you have been arrested for a criminal offense in the state of Texas, obtaining the services of a knowledgeable and experienced defense attorney is essential for your continued freedom and financial well being. Establishing a solid defense strategy can provide the basis for dismissal of your case, a win at trial or for a plea agreement to a lesser charge for you. Many affirmative defenses hinge on mistakes of fact, mistakes of law, physical or mental duress, entrapment, incapacitation due to alcohol or drug abuse, insanity, or the young age of the accused. Enlisting the help of a qualified Houston criminal defense attorney can help you make the right decisions about your criminal case.
Mistakes of Fact
In some cases, defendants in criminal cases may not have had a full awareness of the situation when they engaged in the activities for which they are charged or accused. For example, if someone mistakenly picks up the wrong piece of luggage at the airport in the honest belief that it is their own, this mistake of fact can serve as a solid defense against theft charges that would otherwise be applicable to the situation.
Mistakes of Law
Although ignorance of the law is no excuse and cannot usually serve as a defense, if you have mistaken the intent and letter of the law due to reliance on an official interpretation of that law, you may be able to defend yourself against charges using the mistake of law defense.
Physical or Mental Duress
If you were forced into committing a criminal act due to outside threats or intimidation from others, you may be able to prove that any offenses you allegedly committed was the result of being under mental or physical duress. This can serve as a strong defense against any charges resulting from those actions.
Demonstrating that you would not have engaged in criminal activity without the urging or enticement of law enforcement officials involved in those activities can provide a solid defense against criminal charges under some circumstances.
Insanity findings generally result in inpatient or outpatient therapy. An independent and comprehensive psychological assessment is required before an insanity defense will be given consideration by the courts.
Juveniles may be subject to lesser penalties and may be found to have been unable to form the requisite intent to be held responsible under the law for criminal offenses depending on their age, the severity of the offense, and any other previous arrests and convictions.
Establishing an alibi or presenting evidence that exonerates accused individuals can be the most effective way of defending your case. Clear lines of communication with your Houston criminal attorney can provide you with the best possible chance to prove your innocence before or during a trial proceeding.
Matthew Gallagher is a licensed Houston criminal defense lawyer and can provide solid legal representation for you if you have been charged with a crime in Texas. His knowledge and expertise allows him to advocate on your behalf with the ultimate goal of obtaining the most favorable outcome in your criminal case.