We define a defense to a criminal charge as one of the legally recognizable defenses found in the Penal Code. But there are other ways to win a criminal case, like insufficient proof. This article explores California’s Statutory Defenses.
California law provides defenses that if properly presented will acquit the defendant of some or all of the charges lodged against him/her.
Some of these defenses are found in statute, some in case law.
Each case is unique and while these defenses are available they can only be brought when proper investigation and defense strategies are employed.
Defending criminal charges takes different forms. There’s straight defenses where we accept that you did the crime, but have a legally recognized defense that absolves you of the crime. We can negate an essential fact (element) of the crime you are charged with. We can provide evidence that the witnesses for the government are lying. Or we can prepare a mitigation packet that makes the crime less culpable.
If you are charged with a crime and would like to inquire about whether you have a valid defense give our San Diego Criminal Attorneys a call at 619-452-2539 to discuss it.