Article 40 of the New York Penal Laws defines criminal defenses used to prove innocence. Among these defenses are duress, entrapment, and mental defect. These defenses show a lack of culpability. If you are facing a criminal infraction, you should hire a Criminal Attorney In Suffolk County NY today to build your defense today.
A Lack of Culpability
Duress is the first defense probability to provide evidence that the accused isn’t guilty of the crime intentionally. This defense implies that another individual forced them to commit the actions involved in the infraction. This could indicate that the other party threatened his or her life or caused physical harm in an attempt to push them into committing the crime.
Defining Entrapment in Criminal Proceedings
Entrapment indicates that a public servant or law enforcement officer encouraged or induced the individual to commit a crime. It further implies that she or he was acting based on a need to cooperate with this officer, who was using the accused to gather evidence. The evidence to prove entrapment must present a clear picture implicating the officer’s involvement in the crime.
The Defense of Mental Incapacity
Individuals with mental conditions that could prevent them from understanding right from wrong could present them with a defense based on a mental incapacity to commit the crime. An insanity plea could also be included in the possibilities presented by this defense. The individual is required to undergo a psychiatric evaluation once this defense is implied. This evaluation determines their mental capacity and how it could affect their judgment. The methods utilized by the officer must present a high risk to the accused as well.
Criminal infractions could lead to lengthy prison terms which range up to life. The sentence assigned to the accused after a conviction is based on the severity of the crime and any previous criminal record they possess. If the prosecution proves malice was involved, this could double the penalty based on the type of crime that was committed. If you need to build a defense case to prove your innocence, you should contact a Criminal Attorney In Suffolk County NY today to represent you.
