When And How Can You Use Justification As A Criminal Defense?

It's not uncommon for someone telling their story to a criminal attorney to insist their actions leading up to being charged were justified. Depending on the nature of the accusations, it might be possible. However, there are a few things the people at a criminal law firm will want you to understand before asserting this defense.

Should You Make It Right Away?

No, you should not. The potential problem with this kind of defense is that it's considered affirmative. In other words, you're admitting to the act but saying there was a compelling legal reason why your choices were okay.

Don't have this conversation with a cop, even if you think it might get you off the hook without charges. Likewise, keep this idea to yourself until a criminal attorney tells you to move ahead with it. There is a place for this conversation, and it's in court with counsel by your side.

When Are Certain Actions Justified?

Expediency, especially in the name of safety, tends to be the best argument that your actions were justified. Someone who had to speed to get to the hospital because they were transporting an injured friend might make this claim. Most self-defense claims work on this theory, too. Although it's a stretch to say all that's expedient is legal, there are cases where it's worth talking about.

When Are They Not?

Nearly all situations that permit restraint make a justifiability argument extremely difficult to present. If you punched someone on the street because you believed they were an imminent threat, that might potentially be justifiable. Conversely, you'll have a hard time making that argument if you followed them or kept antagonizing them. In the eyes of the law, there is a duty to disengage from most threatening situations whenever you have the opportunity. At a minimum, you should not make them worse.

Bear in mind that the relative "badness" of the other party never makes actions justifiable. You can't, for example, assault someone because you believe they're a pedophile. Harming someone in the name of justice is still a crime.

Presenting Your Case

Your first and likely best chance to assert a justification for your actions will be at arraignment. This is the initial hearing where the judge will compel the prosecution to explain why they think a crime happened. You may counter with your justification and see if the judge will dismiss the case. Later hearings and a trial represent your second- and third-best chances.

Contact a criminal attorney to learn more.

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