San Francisco Bay Area Criminal Defense Attorney

Facing criminal charges?

If you are, it’s important to get in touch with a criminal defense attorney as soon as possible. At the Law Offices of Andrew Dósa, we carefully examine your situation and are persistent in preparing the best defense for your case. Contact our office today if you’ve been charged with any of the following:

Common Defenses in a Criminal Case

There are many common defenses to criminal charges. You may argue that there are inconsistencies in the prosecution’s case against you, that the evidence gathered violated your constitutional rights, or that you had a justifiable reason for committing the crime. Below are some common primary criminal law defenses.

Alibi
The defendant didn’t commit the crime you were charged for. The defense can provide an alibi proving you weren’t at the scene when the crime occurred, or present evidence and witnesses that can counter the prosecution’s case.

Self-Defense
The defendant admits to using force. However, the defense argues that it’s justified since it was done in self-defense due to the violent and threatening actions of the other party.

Insanity Defense
The defendant may plead insanity to avoid being punished, since a criminal punishment is only justified if the offender has full control over their actions and understand that what they did was wrong.

Under Influence
In certain circumstances, a defendant may commit crimes under the influence of alcohol and drugs. This can be used as a criminal defense as if it affects the defendant’s mental functioning to the point where they cannot be held accountable for their actions.

Entrapment
If law enforcement officers caused the defendant to commit a crime that they wouldn’t have otherwise committed, then it’s considered entrapment and be used as a defense in criminal court.

Innocence

Claiming innocence is one of the most basic defenses to criminal liability. You could use this defense if you didn’t commit the crime

You must remember that the prosecution has to prove the crime filed against you beyond a reasonable doubt. If you’re innocent, you don’t have to prove anything, but you can provide documents, testimonies, or evidence that will support the claim that you’re innocent.

Constitutional Violation

A constitutional violation is a type of criminal defense used if the evidence collected by the prosecution was gathered in a manner that violated your constitutional rights. This can include the illegal search, entry, or seizure of your house, car, clothing, etc. Failing to obtain an entry warrant, getting an improper confession, or failing to read to you your “Miranda Rights” at the time of your arrest are also constitutional violations that could lead to suppression of evidence against you or the total dismissal of the case

Defense of Others

Similar to self-defense, you can use this type of defense if you have used a justifiable amount of force or violence to protect others who are being threatened or are in danger.

Other types of criminal defenses include defense of property, necessity, involuntary/voluntary intoxication, mistake of law, coercion, abandonment, and the statute of limitations.

These are only some of the types of defenses that may be available for your criminal case. For a more comprehensive analysis of your case, you can reach out to an experienced Alameda criminal defense lawyer. 

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Criminal Defense in Alameda, California

If you’ve been charged with a crime, one of the things that you should think of is what type of defenses are available to you. There are different types of legal defenses available in criminal law, and the type of criminal defense applicable to you and your case will depend on your situation.

If you’re facing a charge of assault and battery, robbery, theft, burglary, DUI, drug crimes, sex crimes, or domestic violence in California, our Alameda criminal defense attorney can examine your situation and prepare the best defense for your case.


Criminal Defense Laws

Criminal defense law consists of all the legal protections given to individuals who have been accused of committing a crime. In criminal court, the prosecutor must meet the burden of proof – that is, the responsibility of proving their allegations against the accused.

The police and prosecutors have plenty of resources at their disposal to go after someone and charge them with a crime. To balance the power within the justice system, certain protections are in place for the accused. These, and the skills and experience of a defense attorney will dictate how a defendant will be treated in criminal litigation.

An experienced criminal defense attorney knows how to use constitutional laws for the benefit of their client. For instance, criminal prosecution is based upon the evidence gathered by law enforcers. This evidence can be in the form of physical evidence. This will usually consist of objects found in a crime scene, like a possible weapon, tire marks, shoe print, or even tiny pieces of fabric.

  • Scientific or forensic evidence. This can include things such as DNA matching, hair evidence, fingerprint identification, and more.
  • Sworn testimony of an eyewitness.
  • Confession.
  • Drug test and alcohol test.


The Fourth Amendment

The Fourth Amendment to the U.S. Constitution protects civilians from unlawful searches and seizures from the police. This means that the police aren’t allowed to search you or your house without a warrant or probable cause. If they do, your defense attorney can ask the court to suppress the evidence gathered from that search so the prosecutor can’t use it during the trial.

 

The Fifth Amendment

As mandated by the “Double Jeopardy” clause of the Fifth Amendment, the prosecution can’t try you for the same offense twice. For criminal defendants, this is a necessary constitutional right.

For example, you’ve been tried for burglary but are later on acquitted. The prosecution was undoubtedly unhappy about the outcome, but they’re constitutionally barred from retrying you for the same offense.

Even in states where double jeopardy is not expressly prohibited, the protection is still given to criminal defendants because the Fifth Amendment applies to the federal government and all the states through the doctrine of incorporation.

 

The Sixth Amendment

Another Constitutional law that protects individuals being charged with a crime is the Sixth Amendment. This amendment guarantees the defendant’s rights, which includes:

  • the right to a speedy and public trial by an impartial jury of the State
  • the right to know the nature and cause of the accusation
  • confront their accuser in court (Confrontation Clause).

It also gives you the freedom to confront the witnesses against you and obtain witnesses in your favor.

 

The Eighth Amendment

The Eighth Amendment protects you after an arrest, usually at the early stages of a criminal case and after conviction. This prohibits “excessive bail,” which means that even though a judge isn’t obligated to grant bail after your arrest, the amount of bail set may also not be excessive or unreasonable. It also prohibits “excessive fines” and “unusual and cruel punishment.”

Here are the things to consider to determine whether a punishment violates the Eighth Amendment:

  • The severity of the punishment is “degrading to human dignity”
  • Society has generally rejected it as an unacceptable punishment
  • It is assessed in an unreasonable fashion

If you want to know more about your constitutional rights and how you can use them during a criminal defense, you can reach out to our Alameda CA defense attorneys at Law Offices of Andrew Dósa. Contact us today at 510-681-2813 for a free consultation.

 

Need Help with Your Case?

Facing criminal charges can bring all kinds of stress to you and your family. To have the best defense for your criminal case, our experienced criminal defense lawyers can help. Contact our Alameda law office today to schedule a consultation.