Identifying Legal Defenses With A Defense Lawyer

by | Feb 14, 2017 | Lawyers

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In Kansas, individuals accused of a crime can build a case based on available legal defenses. These cases are often related to murder or manslaughter charges. The sequence of events and the status of the defendant define what legal defense is used in these cases. The following are legal defenses that a Defense Lawyer can explain.

Mental Disorders or Incapacity

The mental capacity of the defendant determines if they are capable of committing the crime in question. It also determines if the defendant understands right from wrong. Their mental status furthermore defines whether or not they understood the potential outcome of their actions. If the defendant’s mental capacity during the crime prevents them from knowingly committing the crime, the case can be dismissed.

An Excessive Level of Intoxication

A defendant who was intoxicated at an excessive level could prevent a conviction. If the intoxication levels prevent them from knowingly committing the crime, the charges may be dropped. However, the level of intoxication must indicate that they weren’t aware of their actions or were too incapacitated to commit the crime in the first place.

A Mistake of Fact

A mistake of fact emerges when the officer doesn’t interpret the defendant’s role in the crime. This also exists when the wrong individual is identified as the perpetrator. Evidence to support this claim could include a receipt or video footage that is time-stamped. This evidence shows that the defendant wasn’t present when the crime was committed.

Self Defense or Duress

Self-defense is when the defendant takes action to protect them. This is defined by a fear of one’s life and immediate action based on this assumption. For example, if the defendant unintentionally kills another party who is threatening them with a lethal weapon, the charges can be dismissed as they are defending themselves.

In Kansas, individuals can fight a criminal charged based on the actions that led to the crime. They can also utilize certain legal defenses according to where they were at the time of the crime. They can use self-defense when valid. Defendants facing criminal charges contact a Defense Lawyer through today. You can also watch video on their YouTube channel.

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