Criminal cases often involve a range of defenses that aim to cast doubt on the prosecutor’s version of events. You may need to prove more than innocence—you may need to show the court that the evidence fails to support the charge. Common legal defenses in criminal law include self-defense, alibi, duress, and mental incapacity. If you’re wondering what is the most common criminal defense, understanding these options is a crucial first step. These defenses allow you to push back against accusations and force the prosecutor to meet their burden.
Some situations call for less familiar options. For example, duress may apply if someone else forced you to commit a crime under threat. Entrapment may apply if police encouraged a crime that would not have occurred otherwise. In certain cases, you may need to admit the act but assert a legal justification. The law allows for these defenses, and we know how to use them to your advantage.
How the Self-Defense Argument Applies in Criminal Cases
Self-defense often takes center stage in violent crime charges. You may face charges after a fight, an assault, or a confrontation gone wrong. When that happens, self-defense gives you a way to explain why your actions did not amount to a crime.
To rely on self-defense, you must show that you faced an immediate threat. The response must match the danger. The law does not allow excessive force. We work to show the court that you faced real danger and responded with reason, not aggression.
Self-defense also protects someone who steps in to shield another person from harm. If you defended a friend or family member, the court may view that act in the same light. We help you explain the situation and show the court why your actions do not meet the definition of a crime.
The Necessity of a Strong Alibi in Criminal Defense
An alibi works by placing you somewhere else when the crime occurred. If you sat at home, met a friend, or worked a shift at your job during the event, the court needs to know that. We help you build a case that confirms your location at the time of the alleged offense.
Alibi evidence must come from reliable sources. You may have phone records, receipts, surveillance video, or witnesses. We take those details and present a full picture. A weak alibi leads nowhere. A strong one may shut down the prosecutor’s case before it even starts.
You should never rely on memory alone. We gather every shred of evidence to support your account. If the story holds up, the court may dismiss the charge, or a jury may deliver a not guilty verdict.
The Insanity Defense in Criminal Cases
Mental health issues may lead to an insanity defense. This strategy works in rare cases, but when it applies, it changes the course of the case. You may face charges even though your mental state made it impossible to understand your actions or tell right from wrong.
We use expert testimony and medical records to support this type of defense. Mental health professionals may examine you and provide reports. A judge or jury reviews that evidence to decide whether the law excuses your behavior.
If the court finds that you lacked mental capacity, you may avoid conviction. Instead, the process may shift toward medical care. This defense does not mean you walk free. But it may prevent a prison sentence and instead lead to supervised treatment. We explain each step and help you prepare for what lies ahead.
Choosing the Best Defense Strategy for Your Situation
No defense works in every case. We look at the facts, study the evidence, and match your story to the law. The right defense depends on the charge, the available proof, and your background.
You may need more than one approach. In some cases, we combine strategies. You might rely on self-defense while also pointing to a weak investigation or unreliable witness. The goal remains the same—to make the court question the prosecutor’s case.
We measure each detail. We assess your prior history, review police conduct, and test every part of the state’s evidence. If we find errors, we expose them. If we find a defense, we build it and take it to court.
Schedule a Consultation with a Savannah Criminal Defense Attorney
If you face a criminal charge, speak to a defense attorney as soon as possible. You have rights, and we know how to protect them. Our firm handles cases in Savannah and understands the local courts. If you’re wondering what is the most common criminal defense, we can help you understand your options and build a strong case. Contact Phillips Carson Phillips today by calling (912) 232-0081 for a free consultation.