5 Common Defenses in a Florida Criminal Case

If you are charged with a crime here in the State of Florida, it may be necessary to take your case to trial. The decision of whether to do so should only be made after discussing the case at length with your criminal defense lawyer and reviewing the evidence that the State of Florida has against you. You and your lawyer may choose to assert a few different defenses during your jury trial. The following are a few of the more common defenses that I have encountered while practicing criminal law here in Florida.

 1.        Identity: In this defense, the defendant contends that the wrong person is being prosecuted for the crime. The defendant and his or her attorney argue that either the victim or a witness has mistakenly identified the culprit. Recently, scientific studies have shown that people often misidentify strangers when a crime has been committed.

2.         Lack of Evidence: This is a very general defense for anyone charged with a crime. In short, the accused argues that the government has not proven the case beyond a reasonable doubt and there is not enough evidence—either from witness accounts or physical proof—that the defendant committed the crime. 

3.         Conflicts in the Evidence: This is another very general defense that claims that there are contradictions in the government’s case. For example, two people may bear witness to the same crime, but one says that the defendant drove a white Chevrolet from the scene and the other states that the defendant drove a red Chevrolet. The law allows the jury to determine if conflicts in the evidence exist and gives them the power to find someone not guilty based on these contradictions.

4.         Self Defense: The affirmative defense of self-defense is often an issue when someone is charged with a violent crime such as battery, aggravated battery, or murder. With a self-defense strategy, a person charged with a violent act alleges that he or she injured another because of fear and/or perceived danger posed from the other person. If you assert the defense of self-defense, you admit to committing the crime in question, but contend that you should not be convicted because you did so only to protect yourself or someone else.

5.         Not Guilty by Reason of Insanity: This defense usually only comes up in murder cases, and requires the defense to call in an expert witness to testify about the mental state of the defendant at the time of the crime. In accordance with Florida law, the following truths are required for insanity to be established:

(a) The defendant had a mental infirmity, disease, or defect; and

(b) Because of this condition, the defendant:

1. Did not know what he or she was doing or the action’s consequences; or

2. Although the defendant knew what he or she was doing and the action’s consequences, the defendant did not know that what he or she was doing was wrong.