- Definition: (mostly with lawyers) the act of defending individuals and companies who have been charged with criminal acts. Prosecutors attempt to prove the defendant guilty by using evidence in a trial in accordance with Southern Utah criminal defense practices, sometimes taking place in court.
- Common Problems with Defense Cases: Let’s first establish what must happen in order for a person to be charged in a trial: a Southern Utah criminal defense prosecutor has to “prove (the defendant’s) guilt beyond a reasonable doubt” (Nolo, Defenses to Criminal Charges). The person being convicted can defend their case, usually by hiring a criminal defense lawyer. Some of the most common problems with defense cases are:
- I didn’t do it: there are many cases where the defendant simply says they did not do what the Southern Utah criminal defense prosecutor claims they did. “All people accused of a crime are legally presumed to be innocent until the point of conviction” (Nolo, Defenses to Criminal Charges). Because of this, the defendant is innocent until theSouthern Utah criminal defense prosecutor can find enough evidence to prove them guilty beyond a reasonable doubt.
- Alibi: The defendant may have a convincing alibi. An alibi is a claim the defendant was somewhere else other than the scene of the crime when it happened.
- Self-defense is claimed by defendants who are charged with violent crimes. The defendant may claim that his/her reasoning for committing the crime was in self-defense, as per Southern Utah criminal defense regulations.
- Insanity Defense is a claim that the defendant was unaware of what they have done was wrong. This can result still in being the defendant being convicted, but because of the insanity defense claim, the charge may be lesser than normal.
- Under the Influence is a claim that defendants use in cases where they may have been intoxicated. Whether or not they were, they can argue that they could not make proper decisions because of the alcohol, and therefore should not be charged. This argument only holds weight for certain types of crimes.
- Types of Crimes: There are many different types of cases for Southern Utah criminal defense lawyers to defend:
- Domestic Violence crimes are usually violent crimes where one or more persons are injured or killed by a relative. According to the National Coalition of Domestic Violence, there are more than one million women that are victims of domestic violence (Mukherj, FindLaw).
- Homicide is when someone kills another person, whether the killer intended to take the life of the other person or not. Homicide, as bad as it sounds, it not always considered a crime. Many cases consist of a homicide killing, but the killing was strictly in self-defense. Also, those executed on death row in a state-sanctioned facility fit into this category of homicidal, but not illegal. First-degree murder is a charge given to those who are found guilty of a planned, premeditated killing. Second-degree murder is a charge given to someone who had the intent to kill someone, but the killing was not premeditated. Voluntary manslaughter is a charge given to someone who did not plan to kill anyone but in the “heat of the moment”, decided to kill someone (FindLaw, Homicide). Involuntary manslaughter is a charge given to someone who unintentionally killed a person, such as a driver who was killed by a texting driver. All of these definitions and delineations apply to Southern Utah criminal defense.
- Sex crimes usually consist of an individual who illegally performs or coerces sexual conduct with another person. Rape and assault are some of the most common crimes. Criminals convicted of a sex crime are considered a “sex offender”.
- Drug possession is a criminal act if the drugs are illegally in possession of who was caught. Some Southern Utah criminal defense attorneys are skilled enough to pressure the prosecutors to show that the drug did not belong to his/her client.
- Driving Under the Influence or DUI is driving under the influence of alcohol that is illegal in all fifty states; also known as Driving While Intoxicated.
- Alcohol plays a large part in crimes today. There are several different kinds, such as DUI, a minor in possession of alcohol, and others.
- Crimes against children could be that of neglection of children, physical and/or emotional abuse. Children are very vulnerable to adults because children need to be guarded by an adult(s).
- Cyber crimes are crimes committed online, or with the help of something that was from the internet. Social media can be used for cyber crimes, such as bullying and sending explicit photos via smartphone, also known as sexting. Other cybercrimes could be identity theft, or computer crime/theft.
