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Common Defenses In Massachusetts Criminal Cases

Posted on : November 20, 2021
OUI-Charges-MA

Important Defenses that Work for Criminal Cases in Massachusetts

You need the best attorney in Massachusetts to pull up a strong defense for your criminal case. Your lawyer will first study the evidence around the issue and determine how to draw a convincing reason. However, this defense will be the core of the argument in court and subject to review by the judge, which means your attorney should be as proficient as possible. Some of the defenses that work for criminal cases in Massachusetts are:

1. Alibi

You can have an alibi that proves you aren’t present at the crime scene at the said time. Since you cannot be at two places simultaneously, you will likely prove yourself innocent with a strong alibi. However, you need to know the details about your alibi, including the names and address, to convince the judge fully.

2. Accident

Under Massachusetts law, an accidental incident is not a crime. It is only considered a crime if the action is intentional. However, the prosecutor needs evidence that will prove the crime to be an accident.

3. Intoxication with Alcohol

A criminal case can be considered DII, which shows you were under the influence of alcohol when the incident happened. Also, the person will be given a lesser sentence, as physical capability is a limitation during the incident. However, provide proof of the influence, either through CCTV or a witness.

4. Lack of Criminal Responsibility

If a suspect is mentally ill, it will not be considered a criminal case in Massachusetts. The individual is not competent because the mind is incapable of committing a crime at such a period. However, the judge will only consider the claim true if the prosecutor can provide medical proof or record.

5. Self Defense

Self-defense is a case of necessity. If the attacker is greater than the suspect, the court will consider it a matter of retaliation. Although the law suggests using force to protect oneself, the pressure can also be deadly if it will cause more significant injury to the receiving party.

Lastly, you should consult a criminal defense lawyer immediately charged with a criminal case in Massachusetts. You need all the evidence possible before the case goes on trial.

 

 

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