Extensive research and knowledge of the details concerning a murder is the key to a successful defense. Whatever criminal attorney in Mahopac, NY a person hires, he or she should leave no stone unturned in its investigation. They should work with reputable private investigators to interview potential witnesses in and around the crime scene. The lawyer will then look for potential witnesses, not only those listed in the police report.
In order to discover the facts that are favorable for a defense, lawyers review and examine the police department’s investigations, including interviews with the accused in order to ensure that no violations of their constitutional rights occurred. To find these constitutional violations, formal motions are presented in court challenging the admissibility of such evidence. A defense will hire reputable scientific professionals in certain fields as witnesses, who are usually a key component to any successful defense, including physicians, psychologists and engineers to reconstruct the accident, and challenge and defend against the reports and testimony of witnesses for the prosecution.
A criminal attorney in Mahopac, NY should try to expose the errors the police may have committed during their investigations. Often they discover and present evidence that contradicts the version of the prosecution regarding the alleged murder, including:
* Self-defense or defense of others. If the defendant killed someone because he or she was trying to defend themselves or someone else from being killed or suffering a serious injury. If the killing is justified, the client is not guilty of murder.
* Accidental homicide. If a defendant killed someone accidentally, without negligence and without the intent to kill or injure someone, then the client is not guilty of murder.
* Insanity defense. It is extremely difficult to prove the insanity defense, but it is appropriate in certain situations. In general, this defense may be available if the defendant was not able to develop the intention (malice) required to commit the murder and could not distinguish between good and evil, or understanding the consequences of their actions.
Many lawyers may argue that the killing was manslaughter, not murder. For example, if the defendant killed someone in a “fit of passion” (for example, the accused was momentarily so angry he or she could not control their behavior), the lawyer can argue that the murder charge should be reduced to manslaughter. Click here to learn more.
