Violent criminal charges are among the most serious both in terms of possible penalties and the stigma attached to the criminal record that results in the event of a conviction. Homicide and assault charges, as well as other violent crimes, may lead to incarceration and fines. The criminal record tied to such convictions will often haunt someone for years to come.
Defendants accused of acts of interpersonal violence in Illinois often become so worried about the possible criminal consequences that they plead guilty in the hopes of minimizing the penalties they’ll face, but then they place themselves at the mercy of the courts. A rigorous defense is typically the best response to violent criminal charges in Illinois. These are the most common defense strategies used by those accused of a violent act.
Self-defense claims
An act of self-defense involves a desire to protect oneself or others from imminent harm. If someone has reason to suspect that another person will commit a crime or act of violence against them, they have the right to use physical force to defend themselves or another person from that perceived threat.
Challenges to eliminate or undermine evidence
Perhaps police officers collected forensic evidence at the scene of an incident, but they failed to secure the scene for hours or even several days. There could be an alternate explanation for why someone’s fingerprints or genetic information were found at that location other than them committing a criminal act. There are many ways to raise questions about the validity of certain evidence or to prevent its inclusion in a criminal trial because officers violated someone’s rights while gathering said evidence.
Providing a reasonable alibi or alternate suspect
There are two ways in which someone accused of criminal activity could establish that they were not the one who hurt someone else. One potentially successful strategy would involve placing the defendant at a different location. A witness or even security camera footage from another location could provide an alibi. In fact, someone’s use of their phone, including the decision to take selfies while out with friends, could provide time stamp and geographic location information that may establish that they did not commit a crime. Other times, the way to prove that someone didn’t commit a crime is to reasonably demonstrate that someone else was the person involved.
Those who are able to raise questions about what actually happened or who was involved in a violent altercation may be able to create the reasonable doubt the courts require to avoid a conviction. Seeking legal guidance to review the state’s case is often a good starting point for developing a defense strategy when accused of a violent crime in Illinois.