In Vermont, criminal defendants utilize defenses based on what applies to their case. In order to avoid a conviction, the defense must introduce reasonable doubt. The reasonable doubt must show why it wasn’t possible for the defendant to commit a crime. A criminal defense attorney in Vermont assists defendants who are facing serious charges.
Using Insanity as a Defense
Criminal defendants who use insanity as a defense must prove their mental capacity. A licensed psychiatrist is required to assess the mental status of the defendant to validate the defense. The findings must show that the defendant isn’t capable of committing the crime due to mental incapacity. If the claim is temporary insanity, the defendant must prove that their mental status at the time of the crime prevented them from willfully committing the crime.
Infancy Defenses for Juveniles
Infancy defenses indicate that the defendant hasn’t reached an age where they understand the crime fully. The child is evaluated to determine their understanding of right and wrong. If the child isn’t mature enough to comprehend that they committed a crime, the defense is valid.
Using Self-Defense to Avoid a Conviction
Defendants who feared for their lives should use the self-defense option when fighting against a conviction. The victim’s actions must indicate an intent to cause bodily harm. The defendant must show that there wasn’t another choice other than to commit a crime to stop the victim’s actions. The defense is used in murder or manslaughter cases most often.
Involuntary Intoxication Defenses
Involuntary intoxication is proven by the presence of date rape drugs. The defendant is tested for Rohypnol to determine if they were drugged prior to committing the crime. Witnesses that saw the defendant prior to the crime could provide testimony as to whether or not the defendant was drinking voluntarily. The witnesses also offer testimony about anyone who was with the defendant at the time of the crime.
In Vermont, criminal defendants should seek an adequate defense to help them avoid a conviction. Defendants that are convicted of serious crimes must face lengthy prison sentences and hefty fines. Their attorneys review their case and determine what defense applies to their circumstances. Defendants who need the assistance of a criminal defense attorney in Vermont contact us now for an appointment.
2 people like this post.