Categories of Criminal Defenses

Being charged with a crime doesn’t automatically mean you’re guilty. The law provides the right to defend yourself. Knowing how to do so can make a world of difference. Criminal defenses are sorted into three main types: justification, excuse, and procedural. Each category encompasses a range of defenses that can be used in different situations within each division.

In this article, to help you understand how these defenses might apply to your case, we cover the five most common criminal defenses by giving clear definitions and real-life examples.

Alibi defense

Under an alibi defense, the defendant argues that they weren’t present at the scene of the crime when it happened. Naturally, the defendant claims it would’ve been impossible for them to commit the offense.

How it works

To prove the defendant’s location, the defense often presents evidence, including, but not limited to:

• Witness statements from people who saw the defendant elsewhere;
• Surveillance footage or photos, and/or
• Records and documentation such as receipts, mobile phone location data, or GPS information.

The strength of an alibi defense depends on the reliability and consistency of the evidence.

Example of the alibi defense

Let’s say someone is accused of stealing a pack of cigarettes from a store at 6 p.m., but they can prove that they weren’t there at that time. To establish their alibi, the defendant presents security camera footage and eyewitness testimony, which establishes that they were actually at a dinner party at a restaurant miles away when the theft took place.

Evidence may support the alibi defense when the alibi directly disputes whether the defendant could’ve committed the crime.

Self-defense as a justification defense

Unlike the alibi and other procedural defenses, justification defenses accept the facts of the incident but claim they’re permissible. For instance, the definition of justification defense is a legal argument where a defendant admits to their actions but also claims their actions weren’t criminal, thus were legally acceptable under the circumstances.

Self-defense is probably the most widely recognized form of defense under this umbrella. If a defendant claims self-defense, they admit to using force but believe their use of force was necessary to prevent imminent harm to themselves or others.

Key points of self-defense include:

• The threat faced must be immediate and unlawful. In this aspect, immediate means the danger is about to happen now or is about to happen.
• The defendant’s response must be reasonable and proportionate to the threat. While Tennessee law generally recognizes the right to protect oneself, it isn’t a free-for-all. Excessive force beyond what is necessary isn’t permitted.
• The defendant can’t engage in unlawful activity or conduct that otherwise fails statutory conditions for the no-duty-to-retreat privilege (for example, although not always the case, the person who initiates a fight will then have trouble claiming self-defense if they use deadly force after the other person responded to their initial attack).

Example of a justification defense

Say a person is walking to their car by themselves late at night, and they’re confronted by a person demanding their phone and wallet. The person notices the assailant is carrying a large metal pipe, so they decide to pull out a knife to stab the assailant to stop the threat. The defendant’s actions may qualify as self-defense.

Insanity defense

In Tennessee, insanity is an affirmative defense: at the time of the offense, due to a severe mental disease or defect, the defendant was unable to appreciate the nature or wrongfulness of the acts.

What are the four types of insanity defenses?

Though specific rules vary by jurisdiction, the four most common types of insanity are:

• M’Naughten rule – The defendant either didn’t understand the nature of their actions or didn’t know right from wrong.
• Irresistible impulse test – Even if the defendant knew their actions were wrong, they couldn’t control their behavior.
• Durham rule – The defendant’s crime was the result of a mental disease or defect.
• Model Penal Code (MPC) test – This test combines 2 factors: cognitive and volitional. The defendant lacked the substantial capacity to appreciate the wrongfulness of their behavior or to control it.

Tennessee applies a statutory test under § 39-11-501, which states that the defendant was unable to appreciate the nature or wrongfulness of the act due to a severe mental disease or defect.

Example of an insanity defense

If someone diagnosed with schizophrenia commits a crime in the middle of a psychotic episode, they may qualify for an insanity defense. Of course, expert testimony from psychiatrists or psychologists is needed to evaluate the defendant’s mental state at the time of the offense.

Entrapment defense

The entrapment defense is another procedural defense. Entrapment occurs when law enforcement induces a person to commit a crime they wouldn’t have otherwise committed. As a procedural defense, it challenges the legitimacy of how the offense was brought about. Entrapment as a defense is aimed at protecting individuals from both government overreach and improper tactics used to bring criminal cases.

How it applies

The defendant must prove law enforcement induced them to commit a crime even though they otherwise were an unwilling person who lacked predisposition. They must also provide notice, and once they support the defense with evidence, the State must prove beyond a reasonable doubt that the defendant was predisposed.

Example of a procedural defense

An undercover officer approaches a person with no criminal history and encourages them to sell illegal drugs. If this person gives in and sells the drugs after repeated pressure, they may have an argument for entrapment.

Intoxication defense

By invoking the intoxication defense, the defendant claims that their ability to form criminal intent was impaired by drugs or alcohol during the time of the offense.

Two types:

• Voluntary intoxication happens when someone willingly consumes intoxicating substances. In Tennessee, voluntary intoxication is not a defense for criminal conduct. Nevertheless, it can sometimes negate the intent element of certain crimes, such as burglary, forgery, and solicitation.
• Involuntary intoxication occurs when someone is unknowingly or forcibly intoxicated. Involuntary intoxication can be a complete defense if it causes the defendant to lack the capacity to understand or control their actions.

Example of intoxication defense

Consider someone is at a bar and someone spikes their drink, after which they drink the beverage and later break into their neighbor’s guest house, thinking it was their own home, while in this impaired state. The defendant may seek to use involuntary intoxication as a defense.

Why it’s important to understand the categories of criminal defenses

If you’ve been accused of a crime, understanding the possible defenses can help you and your attorney make a complete assessment of the case. Attention must be paid to the specific legal requirements, as they may or may not apply depending on the facts of the case and local laws.

Your criminal defense attorney can help tailor your defense to your situation. Legal counsel can explain the four types of insanity defenses, the details of a justification defense, and how procedural defenses work.

Building the right defense strategy matters

When it comes to criminal charges, the law can be rather complicated. Knowing common defenses might help you make informed decisions. Contact the Law Offices of Adrian H. Altshuler & Associates today, via phone or online form, to have your case assessed and to receive guidance through the legal process. We offer free consultations, which you can easily schedule by phone or our online form.