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How Can I Defend Myself Against a Serious Crime?

Posted on : September 28, 2019, By:  Tom Kokonowski, Esq.

If you’re found guilty of a felony crime such as manslaughter or drug trafficking, your life will change in an instant. You’ll face thousands of dollars in fines, mandatory community service, and prison time, among other penalties. It’s important that you secure legal representation quickly and determine a solid defense strategy based on the facts of your case. Here’s how:

Argue Lack of Evidence

To formally charge you with a crime, prosecutors must have enough evidence against you to reasonably suspect that you committed the crime. To be convicted, the evidence must be enough to prove your guilt beyond a shadow of a doubt. If there’s not enough evidence, your lawyer may file a motion for dismissal.

Argue Consent

If consent is given, many crimes aren’t truly crimes at all. For example, say your employer gave you permission to come by the office over the weekend to grab a laptop to work on a file at home. Then, your employer reports you for burglary and accuses you of stealing the laptop. You may be able to show that your employer gave you permission to access the building and take the laptop, so no crime was actually committed.

Argue False Accusation

False accusations are common in cases where someone has friends, family, or coworkers who stand to benefit from the consequences imposed by legal charges. For example, an angry spouse could accuse their ex of domestic violence during divorce proceedings to increase the chances that they would be awarded custody of the children. Another instance of false accusation occurs when the real perpetrator frames someone else to protect themselves from going down for the crime.

Argue Mistaken Identity

If your charges were based on witness testimony or because you were identified on a video feed, mistaken identity may be a solid defense strategy. Your attorney may suggest that the witness was too far away from you to have been able to accurately confirm your identity, or that the video was unclear and difficult to make out. Or perhaps you have tattoos or other identifying features that the real perpetrator does not.

Should You Hire a Defense Attorney?

Being arrested for a serious crime like murder, manslaughter, grand theft, or sex crimes puts your very future on the line. If convicted, your career, your relationships, and your reputation will be compromised. Protect your rights under Massachusetts law by hiring an experienced criminal lawyer to represent your case. Call Thomas Kokonowski now for more information at 413-585-9200.