Justification can be a defense in the criminal justice system concerning violent crimes. Additionally, there are two types of ways defendants try and offer up a reason for why the act was committed. The first is an excuse. Excuses do not justify an individual’s actions. gun charges` They are merely offered up as a reason for why the individual would do what they did and, in some cases, can reduce the severity of the sentence, depending on the judge. One of the most common excuses used was being intoxicated. While this excuse most likely will not get you off the hook for the crime, it can be offered up as a reason for why the individual acted that way. On the other hand, a justification which is any act that an individual would deem necessary to avoid any evil, would most likely dismiss any charges against you. It is important to note that the burden of proof for a justification is on the defense unlike all of the other criminal proceedings where the burden of proof is on the prosecution. One type of justification that would not make an act criminal is self-defense. If the defense is able to prove that the induvial was acting in self-defense when the act was committed, then the act would no longer be considered a criminal act.
Another justification for violent crimes charges would be that at the time the act was committed, the individual was acting under duress. self-defense For instance, suppose that an individual hold another at gun point and tells them to go rob a bank or they will be killed. The circumstances surrounding the robbery would clearly show that the individual was acting under duress and if proven in the courts could make that act not criminal. Obviously, that is an extreme example, but it illustrates the point. Similar to the duress justification, would be the necessity justification. The necessity justification essentially means that the individual was acting out of necessity when the act was committed. To use a less extreme example, an individual was driving on a suspended license because his wife was giving birth and the ambulances in the town were out of order. There are many elements to these justifications and only an experienced attorney can decide if using a justification in your case would help. The attorneys at The Law Offices of Kelly and Conte are experienced attorneys who will help with your legal needs.