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Types of Defenses in New Jersey Criminal Law

New Jersey criminal defense lawyer

When you’re facing criminal charges, you need to make sure you have a skilled New Jersey criminal defense lawyer who can assert strong defenses on your behalf. The risk of jail time, high fines, or even probation is very strong, and you should do everything to avoid a conviction.

If you’ve been charged with a criminal offense, hire an attorney as soon as possible.  That way, they can begin reviewing your case file immediately and developing the best defense strategies available to you.

Types of Defense Strategies Used By a New Jersey Criminal Defense Lawyer

There are several types of defenses your lawyer could use to argue on your behalf.

  1. Failure To Meet The Requisite Burden of Proof. This is the most generalized type of defense. In a criminal case, it is the State’s burden to prove their case beyond a reasonable doubt. Depending on what offense the defendant is on trial for, the State has different elements it must prove. If the defense can attack even a single element of a crime, putting doubt in the jury’s mind, that is enough to avoid a conviction.
  2. Affirmative Defenses. An affirmative defense is when you are acknowledging that you committed a certain act, but you claim that you were legally justified in doing so. In New Jersey, some examples of affirmative defenses include self defense, defense of others, diminished capacity, insanity, necessity, duress, and statute of limitations. When you assert an affirmative defense, the burden shifts, and your New Jersey criminal defense lawyer now has the burden to prove that the affirmative defense applies.
  3. Constitutional Defenses. Similar to the Affirmative Defenses, if you are asserting a constitutional defense, you aren’t necessarily denying the offense, but rather claiming that a government actor violated your constitutional rights. Constitutional defenses that are commonly used in criminal cases include Protection against unreasonable searches and seizures (Fourth Amendment); Protection against self incrimination (Fifth Amendment); Protection against double jeopardy (Fifth Amendment); and Right to a fair and speedy trial (Sixth Amendment). There are many more, but these are just a few.

Contact a New Jersey Criminal Defense Lawyer Today

There’s no time to waste – if you’ve been charged with a crime, you must find a New Jersey criminal defense lawyer that you trust. Mark Catanzaro has over 30 years of experience defending his clients against various types of criminal charges. If you’re looking for an experienced and successful New Jersey criminal defense lawyer to represent you, contact Mark Catanzaro today!


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