Criminal defence lawyers employ legal tactics to negate elements of a crime and possibly gain a defendant’s freedom or sentence reduction. Depending on the crime, this can involve examining witness testimonies, analyzing the prosecutor’s case, analyzing police reports, and gathering evidence.
If you’ve been charged with a crime, your criminal lawyer will ask pointed questions to unearth details that can exonerate you. From these findings, your defence lawyer will develop strategies that support your case.
Defence strategies include:
Presumption of innocence
Also known as “innocent until proven guilty,” the presumption of innocence is a legal human right of every person accused of a crime. The prosecution thereby has the legal burden of proof and must present compelling evidence to support the “beyond a reasonable doubt” standard. This requires that the facts or evidence presented in the criminal prosecution must prove with no other logical explanation that you, the defendant, are guilty. If your defence lawyer can establish reasonable doubt, then you may be acquitted.
Reasonable doubt must be logically connected to the evidence, or absence thereof, and cannot be based on sympathy or prejudice. If your criminal defence lawyer presents flaws in key elements of the case, then an establishment can be made that the prosecution does not have sufficient evidence to corroborate you have committed the crime.
Self-defence or defence of others
If you committed a crime in self-defence or in defence of another person, your lawyer may use this basis to plead your case.
According to the Criminal Code of Canada (sections 34 and 35), force, including lethal force, reasonable to the circumstance, is not considered an offence if used to defend one’s life, another person’s life or possessed property. Your lawyer, however, must prove that your defensive action is proportionate to the perceived threat.
Mistaken identity
Unfortunately, there are cases where a person who fits a similar description may be accused of a crime someone else committed. If your defence lawyer can establish this claim in your case, then you may be acquitted of the crime once evidence to that fact can be presented.
Alibi
In criminal law, evidence suggesting that the accused was elsewhere at the time the crime was committed can support a claim of innocence. Two factors help to establish a solid alibi. If the alibi is disclosed promptly to allow police to conduct a proper investigation and if the validity of the alibi can be verified. An alibi can be revealed by the accused or a third party.
Criminal defence lawyer in Vancouver
If you are facing criminal charges in Vancouver, contact us at the law office of Tom Doust.
For over 20 years, Tom Doust has successfully defended clients in a range of criminal matters. Whatever your crime, he will personally handle your case and work diligently to achieve a favourable outcome.
Ensure your legal rights are protected by the best criminal lawyer in Vancouver. Call us today or schedule a free consultation to discuss the possible defence strategies that may be used in your case.
