The best defense to a crime is the most complete defense, negating the defendant’s responsibility for committing the crime.
Defenses vary in their ability to completely bar prosecution. Most defenses encountered in court are factual in nature.
Others attempt to excuse the defendant’s actions, not directly impacting the actual facts (or guilt or innocence) of the alleged crime. Any defenses that may apply to a defendant’s case must be explored with the defendant. North Carolina’s Pattern Jury Instructions are excellent resources when exploring whether specific defenses apply to a defendant’s case.
The defense must give the prosecution notice of the intent to use certain defenses. These include alibi, duress, entrapment, insanity, mental infirmity, diminished capacity, self-defense, accident, automatism, involuntary intoxication, and voluntary intoxication. The notice must be given within 20 working days after the trial date is set.
Specifics are required if offering notice for duress, entrapment, insanity, automatism or involuntary intoxication. The notice itself is inadmissible against the defendant.
In part two, we will explore these individual defenses.
If you are looking for a top rated criminal trial attorney, a 10.0 rated AVVO lawyer, for a trial or suppression motion, contact the attorneys at Garrett, Walker and Aycoth today!
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Talk to a Greensboro criminal defense lawyer today
Bring the warrant, the release order and anything else they gave you.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.