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Common criminal defense strategies

In the field of criminal defense law, attorneys represent clients in a wide variety of circumstances. Sometimes, the accused person is completely innocent of the crime, but in other cases, the person actually did commit the action. In cases where the accused person committed the act, a South Carolina defense attorney might use different tactics to give a viable reason for why the act was committed.

One common criminal defense along these lines is referred to as defense of restraint. In this defense, an attorney will assert arguments to illuminate the fact that the suspect committed a particular criminal act because the suspect was not able to control his or her actions. For example, harsh weather conditions could throw a vehicle out of control and push it away from the scene of a recent crash. In such a case, the driver would not be able to stop the car at the accident scene, as is required by law. Alternatively, perhaps an individual was forcefully administered illegal drugs or forced at gunpoint to commit a criminal act.

Defense of entrapment is another defense technique that is frequently employed. For example, if an officer of the law deceives or convinces a person to break the law, the person cannot be convicted of the crime. This defense is particularly effective if an officer convinces an accused person that an action is legal when it is actually illegal.

Defense of legitimate purpose is another common legal defense, which says that the accused person did not commit a particular act for a purpose that is highlighted in the law. Some laws have language that says "for a fraudulent purpose" or "with the intent to do a particular thing" and the accused might successfully show that his or her allegedly criminal act was not committed for the purpose referenced in the law; therefore he or she did not commit the crime for a criminal purpose.

The above are just three examples of defense strategies that a South Carolina defense attorney might employ. At the end of the day, though, it is important to remember that the unique factual circumstances of a given case must be examined closely to evaluate what strategy is best for a particular matter.

Source: listverse.com, "Top 10 defenses against criminal charges," accessed April. 01, 2015

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