Justifying Circumstances in the Defense of an Accused
More often than not the perception of the public when faced with a criminal offense is that the accused is guilty. Despite a viable defense, the fact that an offense has been publicized makes the accused a convict in the eyes of the people. A California Criminal Law Attorney endeavors to eradicate this perception from the public consciousness. By making convincing defenses in favor of the accused, a verdict of acquittal is not only a given, but it may actually affect public opinion, as well.
An individual may have an array of reasons for the commission of an act. Without proper arguments in favor of the accused, his reasons may never be heard in committing the offense. Justifying circumstances are those situations where the acts of the accused are in accordance with law, hence, he incurs no criminal or even civil liability. Self-defense is the strongest defense in the commission of an offense. Any person who acts in the defense of his person or rights is justified from the commission of an offense. The scope include not only defense of life, but also of constitutionally protected rights to include chastity, property, and honor. Cliché, but the instinct of self-preservation is the moving power in a person’s action in defending himself.
An accused who acts in the defense of the rights of his spouse, ascendants, descendants, or legitimate or adopted brothers or sisters is another justifying circumstance for the benefit of a person charged with a crime. Even a person who aids in the defense of a stranger is justified, as well. Any person who acts in the fulfillment of a duty is also justified for an offense committed. A California Criminal Law Attorney needs only to prove that the accused was not induced by revenge, resentment, or other evil motive in his conduct.
