Protecting Your Rights: DiCindio Law, West Chester, PA, Explains Key Legal Defenses in Criminal Cases
Facing criminal charges can be an overwhelming experience, but understanding the potential defenses available can provide some reassurance. DiCindio Law, a reputable criminal defense firm in West Chester, PA, employs a variety of strategies to protect their clients' rights and seek favorable outcomes. Here are the top 10 legal defenses used by criminal defense lawyers in Pennsylvania:
Top 10 Legal Defenses Used by Criminal Defense Lawyers in Pennsylvania
1. Innocence
One of the most straightforward defenses is asserting the defendant's innocence. This involves presenting evidence and witness testimony that proves the defendant did not commit the crime. An alibi, which shows the defendant was elsewhere when the crime occurred, is one argument that may be utilized in this defense.
2. Constitutional Violations
Constitutional violations can lead to the exclusion and suppression of evidence or even the dismissal of charges. Common violations include unlawful searches and seizures (Fourth Amendment), lack of Miranda warnings (Fifth Amendment), and denial of the right to counsel (Sixth Amendment). If the defense can demonstrate that law enforcement violated the defendant's constitutional rights, it can significantly weaken the prosecution's case.
3. Self-Defense
In cases involving violent crimes, claiming self-defense can be a viable strategy. The defense must show that the defendant reasonably believed they were in imminent danger of harm and used only the necessary force to protect themselves. Pennsylvania law requires the threat to be immediate and the response to be proportionate.
4. Defense of Others
Similar to self-defense, this defense applies when the defendant acted to protect another person from harm. The defense must demonstrate that the defendant reasonably believed the person they were defending was in imminent danger and that the force used was necessary and reasonable.
5. Duress or Coercion
The duress defense argues that the defendant committed the crime because they were forced to do so by another person under threat of immediate harm. This defense requires showing that the defendant had no reasonable opportunity to escape the threat and that the harm avoided was greater than the harm caused by the crime. While not as common, it does occur.
6. Entrapment
Entrapment occurs when law enforcement officers induce a person to commit a crime they would not have otherwise committed. The defense must prove that the idea and initiation of the crime came from the government and that the defendant was not predisposed to commit the crime before the inducement.
7. Mistake of Fact
A mistake of fact defense asserts that the defendant had a misunderstanding or lack of knowledge about a crucial fact that negates criminal intent. For instance, if someone took property believing it was theirs, they lacked the intent to steal, which is a necessary element of theft.
8. Lack of Intent
Many crimes require specific intent or a particular state of mind. The defense can argue that the defendant did not have the necessary intent to commit the crime. This is often used in cases involving complex crimes like fraud or embezzlement or in violent crimes where proving intent is critical to the prosecution's case.
9. Insanity
The insanity defense claims that the defendant was legally insane at the time of the crime and therefore could not understand the nature of their actions or distinguish right from wrong. This defense requires thorough psychological evaluation and often hinges on expert testimony.
10. Alibi
An alibi defense provides evidence that the defendant was at a different location when the crime occurred, making it impossible for them to have committed the crime. This typically involves presenting witness testimony, video footage, or other evidence that confirms the defendant's whereabouts at the relevant time.
DiCindio Law: Chester County Criminal Lawyers
Understanding these defenses can help individuals accused of crimes in Pennsylvania appreciate the complexity of criminal law and the importance of experienced legal representation. DiCindio Law, a trusted criminal defense firm in West Chester, PA, employs these and other strategies to ensure their clients receive a robust defense. If you or a loved one is facing criminal charges, consulting with a skilled criminal defense attorney can make a significant difference in the outcome of your case.
For those seeking an experienced criminal lawyer in Chester County, DiCindio Law offers thorough legal representation and strategic defense planning. Contact DiCindio Law today at (610) 991-7860 to schedule a free consultation and learn how their team can protect your rights and pursue the best possible outcome for your case.
About DiCindio Law
Michael DiCindio, Esq., owner of DiCindio Law, LLC, brings over a decade of criminal law experience, handling diverse cases from first offenses to high-profile national news cases. Known for tackling challenging cases, he prioritizes hard work, due diligence, accessibility, and justice. A cum laude graduate of Widener University School of Law in 2010, Michael excelled in trial advocacy, earning accolades such as the Philadelphia Trial Lawyer’s Association James J. Manderino Award. His career includes serving as an Assistant District Attorney in Chester County, where he prosecuted a wide range of cases before transitioning to plaintiff’s personal injury and criminal defense in Philadelphia. In 2014, he founded DiCindio Law, representing numerous clients in criminal defense and gaining recognition as a "Super Lawyer" and "Top Attorney." Michael, a skilled criminal defense lawyer, also serves as a legal correspondent and enjoys music and family time outside of his legal practice.
Contact Information:
DiCindio Law
29 S. Walnut Street
West Chester, PA 19382
United States
Michael DiCindio
(610) 991-7860
https://www.dicindiolaw.com/
Original Source: https://www.dicindiolaw.com/blog/top-10-legal-defenses-used-by-criminal-defense-lawyers-in-pennsylvania/
