We have previously written about some of the most common defenses, as well as some of the top drunk driving, domestic violence and sex crime defenses used by Oceanside criminal lawyers. But, of course, since crimes occur in so many different circumstances, there are many defenses your attorney may use. Here are some of the less commonly used defenses out there that still can apply in specific situations.
- Involuntary Intoxication: This defense isn’t too common, but it is important. Essentially it means that if you were under the influence of a drug that you did not choose to take (because someone spiked your drink, for example), you cannot be responsible for things you did as a result. This obviously applies to drunk driving when you were unaware that someone gave you alcohol, but could also excuse crimes such as battery if you were given a drug that made you hallucinate and react violently to a perceived threat that didn’t exist in reality. This defense does not apply in most cases if you chose to take the alcohol or drugs, however even voluntary intoxication of drugs or alcohol can be a defense to a specific intent crime (such as first degree murder) if it made the defendant act without being aware.
- Entrapment: We covered this defense in depth before because it is such a commonly misunderstood legal concept. Essentially, entrapment occurs when a police officer pushes someone into committing a crime they would not have committed otherwise. The last part is the most important part of entrapment as simply presenting someone with the opportunity to commit a crime is not entrapment, the officer must have pressured someone into doing it.
- Right to Discipline: This defense is pretty much only used in cases involving the alleged abuse of a child, but essentially it argues that the supposed abuse actually falls under the scope of reasonable discipline. This is a legal grey area, but while even hard spanking is often considered reasonable, punching, kicking an choking rarely are. If you’re considering using the right to discipline defense, it is critical you speak with your Oceanside child abuse attorney before speaking to the police.
- Unconsciousness. This isn’t a common defense, but it can be useful defense in cases where the defendant has a history of sleepwalking. For example, if your Oceanside violent crimes lawyer can show you were completely asleep when you stabbed your spouse, you couldn’t be charged with the crime, even if you actually killed him or her.
- Intent. Intent doesn’t matter in all cases, for example, it doesn’t matter if you meant to commit fraud if you convinced someone to give you money through lying, you still committed fraud. That being said, intent can be an important factor in many crimes. For example, in order to commit burglary, you had to enter a property with the intent to either steal or commit a felony.
It is important to remember that there are defenses to every crime, but you may ruin your chances to use the defense if you say something that contradicts the basis of the argument. This is why it is so important to never speak to the police without your Oceanside criminal attorney present. If you have been accused of a crime, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with Peter M. Liss.
Creative Commons Image by Allen Allen
