Common Defenses To Criminal Charges In Georgia

October 27, 2021

There are many possible defenses to criminal charges. We will explore just a few in this blog post.

Being charged with a crime is a serious situation, but you are presumed innocent until you’re proven guilty in court. Working closely with an experienced Athens criminal defense attorney allows you to build a strong defense to protect this presumption of innocence and achieve a reduction or dismissal of criminal charges.

What are some of these potential defenses? Here are some of the most common defenses against criminal charges in Georgia.

Understanding Common Defenses To Georgia Criminal Charges

There are a multitude of legal strategies and tactics that can be used to defend you against a criminal charge in Georgia. Below is a short list of some of the most common and effective defenses that a criminal defense attorney may use to protect you in court.

  • Alibi – This is a very common defense. In this defense, the accused person uses testimony, video footage, and a variety of other evidence to prove they were not in the place where the crime was committed at the time of the criminal act, thereby proving their innocence. 

  • Affirmative defenses – In this type of defense, the defendant does not try to argue that the crime did not happen. Rather, the defense provides reasons that excuse or justify the criminal act.
  • Coercion – If a defendant conducted a crime because of someone else’s use of force or threats, this defense may be used. It cannot be used in murder cases, or for situations where there was a “reasonable way” for the defendant to escape harm.

  • Entrapment – A person may not be found to be guilty of a crime if it’s found that their conduct was caused by a government officer, such as a police officer, for the purpose of obtaining evidence.

  • Georgia First Offender Act – If certain conditions are met, a person in Georgia who has never been convicted of a felony may be put on probation rather than being convicted of a crime. If all requirements are met, the conviction is removed from their criminal history.

  • Involuntary intoxication – This applies when a person does not have the sufficient ability to distinguish between right and wrong due to intoxication. It does not apply when intoxication is voluntary, however.

  • Self defense – There are some circumstances that warrant the use of force. A criminal defense attorney may defend their client by claiming that they were lawfully using force in self-defense to protect themselves from another party’s use of unlawful force.

  • Opprobrious or offensive language – This defense is used in simple assault or battery cases. In some cases, evidence of antagonism such as offensive language may be enough to convince a jury that the defendant’s actions were justified. 

Explore Your Options For Criminal Defense

There are many ways that an Athens criminal defense attorney can help you build your case, and provide a defense that will achieve the best possible outcome for your situation. If you’ve been accused of a crime, contact Ryan Swingle Law right today.

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