Home -> Law Blog Directory -> Criminal Law Blogs -> LA Criminal Defense Blog

Criminal Law

: LA Criminal Defense Blog

Using Excuse Defenses in California

By Steven Rodriguez

In America, an individual charged with a criminal act is entitled to be represented by a criminal defense attorney who can protect his legal rights and see that he receives a fair hearing or trial. In California, it is up to the prosecutor to prove every aspect of his case against a defendant. If an individual’s criminal defense lawyer can show that the state has failed to prove every element of its case, the defendant is judged innocent of the crime and goes free. Even when the prosecutor is able to prove his case, the California justice system allows the defendant’s attorney the opportunity to challenge the conviction using an Affirmative Defense based either on Justification (see our March 25 post) or Excuse. Excuse Defenses apply when the defendant makes a wrong choice because he is incapable of controlling his behavior, explains expert Los Angeles criminal defense attorney Stephen Rodriguez...continue to full post

Full post as published by LA Criminal Defense Blog on March 27, 2009 (boomark / email).