Click for free consultation

Common Arizona Criminal Defense Strategies

Posted on September 10, 2023 in

Facing criminal charges in Arizona can be daunting. Fortunately, anyone charged with a crime in the U.S. is entitled to a strong defense. With the life-altering possibilities of jail time, fines, and a criminal history on your record, no criminal charges should be taken lightly. It’s important to understand that criminal charges do not have to equal a conviction. There are always options for a strong defense and your Arizona criminal defense attorney will examine the unique circumstances of your case to develop the best possible defense strategy. 

The prosecution has the burden of proving guilt beyond a reasonable doubt. Some common defenses against criminal charges in Arizona include many of the following strategies.

I Have an Alibi

Any proof that a suspect was somewhere else when a crime occurred means they have an alibi. This could include eyewitness testimony, paper receipts with timestamps, surveillance videos, or social media evidence. In some cases, tracking cell phone locations through a device’s pinging off of cell phone towers can establish a suspect’s presence in another location when the crime occurred. When there is a way to prove that a defendant was not present at the scene of the crime, the jury cannot reasonably find them guilty.

You’ve Got the Wrong Person

It’s not uncommon for the police to charge the wrong person with a crime. Cases of mistaken identity, false accusations, or mistaken eyewitnesses may all result in criminal charges against the wrong person. If you find yourself facing charges for a crime that you didn’t commit, the wrong-person defense is a strong strategy.

This is a Violation of My Constitutional Rights

Every U.S. citizen has guaranteed protection of their rights under the Constitution. For example, everyone has a right to an attorney and a vigorous defense. The 4th amendment to the Constitution protects citizens against illegal search and seizure. If law enforcement violates a suspect’s rights at any point in the process or commits a procedural violation during an arrest, it can result in dismissed charges, a plea bargain, or reduced sentencing.

There was no Crime Committed

In some criminal cases, an attorney may show evidence that no crime was committed, therefore the defendant is not guilty of a crime. For instance, a defendant charged with rape may have text message evidence that the sexual contact was consensual and therefore not a crime. Proving there was no crime committed usually results in a dismissal of charges.

It was Self-Defense

Everyone has a right to defend themselves, a loved one, or their property against a violent criminal. A common strategy against assault charges is to show that the defendant was in reasonable fear for their safety or the safety of someone else. In this case, a defense attorney can show that the level of force the defendant used was reasonable under the direct threat of harm.

I’m a Victim of Entrapment

If a law enforcement officer puts someone in a position that induces them to commit a crime so they can have an arrest, it’s entrapment. In some cases, entrapment causes a defendant to commit a crime they’d otherwise never have committed. Entrapment is a strong defense against some types of criminal charges.

You Deserve a Strong Defense

Defense strategies exist to poke holes in the prosecution’s case and minimize the risk of convicting and imprisoning an innocent suspect. If you’ve been charged with a crime in Arizona, a Phoenix criminal defense attorney will present the strongest possible defense.