Being arrested for a violent crime in Ohio can be frightening. Suddenly you are facing serious charges that threaten to take away everything you hold dear. And, no matter what the actual circumstances in your case, the prosecution will work very hard to be sure you are convicted and receive the maximum penalty.
Should you hire a violent crime defense lawyer?
While it is your legal right—and free—to use a public defender to represent you in Ohio violent crime cases, this is not always the best option. First, you must prove that you cannot afford to hire your own defense attorney. Also, many public defenders are overloaded with cases and may be young and inexperienced.
An experienced, proven Ohio violent crime defense attorney is much more likely to provide you with a successful defense.
What can a violent crime defense attorney do for you?
For you to be convicted, the prosecution must prove you are guilty beyond a reasonable doubt. This puts the burden of proof on the prosecutor, leaving your attorney to defend you against this proof.
There are two main ways your Ohio criminal defense attorney can approach your case:
Claim that you did not commit the crime.
Generally, this defense will rely on one or more of the following:
- Presumption of Innocence: Your legal rights are very clear on this point. You are innocent until proven guilty. It is the prosecutor’s job to disprove your innocence. If he or she is unable to do so, you must go free.
- Reasonable Doubt: The prosecutor must convince the court that there is no possible doubt that you committed the crime in question. This is very difficult to do and your defender will work hard to poke holes in the prosecution’s case.
- Alibi Defense: This defense is simple to understand. Your attorney will try to prove that you could not have committed the crime because you were somewhere else at the time it was committed.
Claim that you did commit the crime, but there is a reason you should not be convicted.
In this defense, your attorney will present evidence that shows circumstances beyond your control caused you to commit the crime. This, of course, assumes that the prosecution can successfully prove you did commit it in the first place. This involves two main defense tactics:
- Self-defense: In this defense, you attorney will argue that any reasonable person would have acted as you did in the same situation.
- Insanity: An insanity defense attempts to prove that you were incapable of controlling your behavior and that you did not understand that what you did was wrong.
- Other arguments: A defense attorney may also argue other defenses such as entrapment and under the influence, but these arguments generally do not fully defend the crime.
Only an experienced Ohio violent crimes defense attorney can advise you of the best defense in your case. Call Adam Nemann at Nemann Law Offices in Columbus today to find out what we can do for you.