Sometimes a person may do something that may seem like a crime but could have been done in defense in order to save oneself. But it is difficult to analyse what may or may not comprise of a crime or a defense. A criminal act and something that may be done in defense are very closely linked and only an attorney can help you establish the difference between the two.
In the field that deals with criminal law there are some conditions that are known as defences. In the absence of these defences the act is said to be a crime. The defences may vary from one country to another but are mostly same for all. It is important for us to understand what these defences are and how to tackle with them.
The different types of defences are:
- Mental Disorder: Insanity can be used as a defense to prove someone innocent. However one has to establish what actually comprises of insanity. The most common way to identify it is that there is a lack of a wrong intention and the inability of the person doing the act to understand what the law is. And if a person is found to be insane then he’s not guilty and is sent to an asylum for treatment.
- Another defense is automatism which means that the person does not have ability to control their muscles and they act without control. You can suddenly fall ill or suddenly lose consciousness. But one has to prove total inability to control their muscles voluntarily in order to use this defence.
- Intoxication is another defense that can prove the lack of means area or criminal intent. The person can use the defense that they were not in the perfect sate of mind in order to understand the consequences of their actions. They couldn’t have for-seen that their actions would result in such trouble. If they are able to to prove this then this defense can be used against a criminal act.
- Mistake of fact is another defense where in the person can prove that the facts were not clear to him or her which why they acted in the manner that they did. They were mistaken about the consequences and had no idea what would be the outcome which resulted in them making this decision.
- A person can also take the help of the defense of necessity that is the act was done because it was necessary to prevent a greater harm that would have involved a greater number of people.
Who to ask for help?
If you find yourself caught in an act that maybe criminal in nature but you did it because of a reason that was unforeseeable or to avoid greater harm then to hep you get out the situation you can take the help of an attorney who will guide you in the right manner and direction.
The New Jersey Criminal Defense Attorney can help you solve the situation that you may be stuck in and get you out of it with the right amount of guidance.