Is it necessary to contact a Guilford County criminal defense attorney to explore defense options?
Yes! There are several kinds of defenses that may or may not help you with your case. Some of the defenses that may be explored by a defense attorney include entrapment, necessity, self-defense/defense of others/defense of property. It is necessary to speak to your attorney to see if one of these apply to your case, and to explore other defense options not listed here.
Entrapment may have occurred if a law enforcement officer or their agent induced a defendant to commit a crime. This may have been done through persuasion, trickery, or fraud. To utilize the entrapment defense, the intent to commit the crime must have come from the officer. The defendant has the burden of proof in this situation, and one downfall is that they must admit to doing the criminal act.
Duress and necessity are similar defenses in that they attempt to justify an action that would be a crime. Necessity may be a defense if the act committed was necessary to save a life or relieve someone else of suffering. Duress may be a valid defense if the act was caused by the defendant’s fear that they would immediately suffer death or serious harm. The act for necessity must be reasonable, and the fear for duress must be reasonable. Both defenses will be negated if there was any other alternative available.
Self-defense, defense of others, and defense of property are all justification defenses. In these situations, the act must have been reasonably necessary to protect themselves and the amount of force used must have been reasonable as well. Deadly force is usually not permitted unless the person reasonably believed that the act was necessary to prevent their own death or serious bodily harm. Deadly force is only permitted when protecting property if the person reasonably believed the attacker would seriously harm them or commit a felony while on the property.
Contact a Guilford County criminal defense attorney today at 336-379-0539 to discuss all available defenses that may apply to your case. Let the criminal defense attorneys at Garrett, Walker, Aycoth and Olson help you get the best possible outcome in your case!