Five distinct violent crimes and the legal defenses accompanying them. Justifying the use of force, understanding the degrees of force and what the law states.
When one party uses physical force or the threat of physical force against another, it is considered a violent crime. If you want to know your way around the criminal justice system, you need to know the different kinds of violent crimes and the legal defenses that go along with them. In this article, we’ll take a look at five distinct violent crimes and the typical defenses used in these situations.
Assault and Battery
Despite their frequent interchangeability, assault and battery really denote separate crimes. While battery refers to the use of physical force against another person, assault refers to the deliberate insinuation of danger or the inducing of a reasonable fear of injury. Lack of intent, self-defense, and defense of others are common defenses to allegations of assault and battery.
An accused person often uses the defense of self-defense when they claim they have to use force to avoid an impending danger. The use of force must have been justified by showing that it was proportionate to the danger. Another factor that can bolster the self-defense case is whether the accused had a reasonable fear for their safety.
Homicide
Depending on the perpetrator’s goals and the specifics of the murder, there are several degrees of homicide. In a violent crimes defense, the use of force was justified, the defendant was defending himself or others or both are possible defenses to murder charges.
In homicide situations, mental state plays a pivotal role. The accused may claim limited capacity or insanity as a defense, stating that they were not fully conscious when the act was committed. Legal defenses often center on the specifics of the killing, such as whether it was an unintentional death or if the use of force was justified.
Kidnapping
The unlawful taking or holding of another person against their desire is known as kidnapping. The aspects of the crime, such as the defendant’s lawful authority to control the victim’s movements or the lack of intent to restrain the victim, are commonly the focus of defenses to kidnapping charges.
Another possible defense is a false accusation, in which the accused contends that the victim was not coerced or that she voluntarily participated in the acts. Defense tactics that successfully demonstrate the absence of criminal intent and expose any weaknesses in the prosecution’s case can be pivotal.
Robbery
Theft plus physical force or the threat of physical force constitutes robbery. One possible defense to robbery allegations is to cast doubt on the identification of the accused, question the use of force, or assert that the accused lacked the necessary intent to commit the crime.
When the prosecution relies on eyewitness accounts to identify the defendant, mistaken identity is a typical defense tactic. Another possible defense is showing that the amount of force used did not amount to robbery as defined by law.
Domestic Violence
When people do violent or abusive behaviors against one another within the confines of their own home, it is typically against family members or intimate partners. You can defend yourself against domestic violence accusations by arguing that the accuser is not credible, that you were acting in self-defense, or that the acts in question did not constitute domestic violence as defined by the law.
A strong defense in cases of domestic abuse is the possibility of false accusations. Angry, vengeful, or otherwise motivated people sometimes make up or exaggerate claims. Experts in the legal field may examine the proof and cast doubt on the credibility of the accuser.
Endnote
The individual circumstances of each case and the type of violent crime determine the available defenses. In order to challenge the prosecution’s evidence and apply established legal concepts, legal experts meticulously craft defense strategies that are specific to each case. For those who have been victims of or accused of violent crimes, it is crucial to be familiar with the many categories of such crimes and the defenses that apply.
