If you are facing criminal charges in Mesquite, we suggest you seek the advice of a criminal defense lawyer. Even if your charges are minor, it is important to understand as much as you can about the charges and the possible sentence if you are convicted of the charges. Criminal defense attorneys can explain the options that are available to you, whether a plea bargain is possible, and what the outcomes of your trial may be.
If you need a criminal attorney in Mesquite, TX, contact the Law Offices of Randall B. Isenberg at (214) 696-9253 for a free case review.
The Challenges in Facing Criminal Charges Without Legal Representation
If you have been charged with a criminal offense, regardless of what type of crime you may have committed, it may be helpful to find an attorney that practices in Mesquite, TX. Over the years, lawyers develop a professional and mutual respect with judges, expert witnesses, and prosecuting attorneys which can facilitate communication between all the parties involved. Attorneys in your area will be familiar with how a judge generally rules or how a state prosecutor usually presents their case. Hiring an attorney who has experience as a prosecutor is also a plus since they have seen how the law works in their state from both sides.
The Concept of Proof Beyond a Reasonable Doubt
To be convicted of a crime, the prosecution must prove your guilt beyond a reasonable doubt (burden of proof), a much stricter standard than proving guilt by a preponderance of the evidence. The prosecution does not need to prove their case to an absolute certainty. The evidence in the case must be so strong that no reasonable person would question the defendant’s guilt. Proving guilt by a preponderance of the evidence is the standard in most civil cases and is not as challenging as proving guilt beyond a reasonable doubt. It generally means that there is greater than a 50% chance that the prosecution’s claims are true.
If you would like to discuss your case with a criminal defense lawyer In Mesquite, TX, contact the legal team at the Law Offices of Randall B. Isenberg at (214) 696-9253 for a free case consultation.
Basic Defenses to Criminal Charges
Generally, there are two main defenses to a criminal offense. Either you committed the offense, or you did not. If you did not commit the offense:
- Remember that in the US, you are innocent until you are proven guilty. This is a legal presumption which dictates that the judge and jury must assume that you are innocent until it is proved beyond a reasonable doubt that you are guilty. It is the prosecutor’s job to prove your guilt. not the job of your defense attorney to prove you are innocent.
- The prosecuting attorney must prove your guilt beyond a reasonable doubt. If there is any doubt at all, you can be found innocent.
- If you have an alibi and can prove that you were not present at the scene of the crime when it occurred, you, therefore, could not have committed the crime, creating reasonable doubt.
If you did commit the offense, there may be reasons why you behaved the way you did that were beyond your control. If this is the case, the burden will be on you to prove why your actions should be excused. You may offer a defense such as:
- Based on the fact that your behavior was the only sane response to someone who was attempting to harm or injure you, you may claim that you were defending yourself and had no choice but to respond to the threat. Your attorney will attempt to prove the Stand Your Ground factor and that your response was reasonable under those specific circumstances.
- If you were enticed or encouraged to commit a crime by someone in an official capacity, such as an undercover narcotics police officer, you may be able to use entrapment as a defense. The reasoning is that the government should not be permitted to trap you into committing a crime.
- Not guilty by reason of insanity is used frequently on television shows, but rarely in real life. The reasoning is that you did not understand that what you were doing was a crime because you suffer from mental illness. You may be sent to a psychiatric institution instead of prison if you are found guilty. In legal terms, the definition of insanity is not knowing the difference between right and wrong. A similar defense may be that you were under the influence of a substance that prevented you from knowing the difference between right and wrong. This is generally seen as only a partial defense but may help to reduce the charges against you.
Seeking Legal Aid from a Criminal Defense Lawyer in Mesquite, TX
If you have been charged with committing a criminal offense in Mesquite, TX, contact the legal team at the Law Offices of Randall B. Isenberg at (214) 696-9253 for a free case consultation. Attorney Isenberg has been both a prosecutor and a defense attorney, and his practice includes driving while intoxicated (DWI) defense, administrative license revocation (ALR) hearings, drug possession, and other drug-related crimes, weapons offenses, family violence, sex crimes, probation violations, assault, and murder. They can help you build an effective defense against criminal charges.