Defending against sexual assault charges is a difficult task. It requires an understanding of psychological theories and law. There are several defenses to consider, and the goal is to prove the defendant is innocent.
The most basic defense is the claim of actual innocence. The alleged victim may not know the defendant, or the defendant may claim that the alleged victim was mistaken. In this scenario, the court may recommend counseling or treatment instead of a lengthy prison sentence.
Another defense is the insanity defense. The accused may be mentally ill, and can therefore not give consent to sexual activity. This defense is viable in many sex crimes. Defendants may also claim that they were in another location when the alleged crime occurred.
In terms of the alleged crime, an alibi is a very important defense. If the defendant was in another location, the prosecution will have a hard time proving the offense occurred. The defendant may argue that they were unaware of their impotence or were drunk at the time of the incident. In other cases, they may be able to use their previous involvement with the accuser as evidence to demonstrate a consensual act.
A good sexual assault legal defense will ensure that the defendant is given a fair trial. The defense is also intended to create reasonable doubt about the defendant’s guilt. This is important because it will reduce the penalty of the offense. If the defendant is found guilty, he or she must register as a sexual offender upon release. This http://bitzercriminallaw.ca/sexual-assault-legal-defense can prove to be a difficult task, but a knowledgeable sexual assault legal defense attorney can help.
The inability to recall details about the incident can be an issue, especially if the victim was very young or intoxicated. Defendants should be careful to avoid making statements to others, as this can be considered intimidation and could result in the evidence being suppressed.
The best defense in a sexual assault case is to hire an aggressive criminal law attorney. These attorneys have the knowledge and resources to overcome the barriers to a successful outcome.
A sexual assault legal defense also requires the skills of a forensic investigator. This is because the prosecution will need to prove that the alleged victim had the mental capacity to give consent to sexual activity. In many cases, the alleged victim may have been tricked into giving consent. This is because the alleged victim may have been too drunk, passed out, or were otherwise unaware of the assault.
A sexual assault legal defense lawyer should also know about DNA evidence. If the accused has been convicted before, the DNA of a former victim may be used to prove that the accused was innocent. A good sexual assault legal defense will also know how to avoid compromising the defendant’s constitutional rights. The attorney should also be aware of the fact that he or she may be accused of intimidating a witness.
The United States Federal Law guarantees a fair trial, and the law firm of Stephen Bitzer will make sure that the client is given the best defense. The firm is also known for its aggressive representation during the pre-indictment phase of the process. Depending on the situation, the firm can also fight to have the case dismissed or indicted as a misdemeanor.