Common Defenses in Criminal Cases: What You Need to Know
Posted July 12th, 2025 by Anthony Carbone, PC.
Categories: Criminal Defense.
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Learn about common legal defenses used in New Jersey criminal cases. Understand your options and how a criminal defense attorney Jersey City can help protect your rights.
Common Defenses in Criminal Cases: What You Need to Know
Facing criminal charges in New Jersey can be overwhelming. Whether you’re accused of theft, assault, drug offenses, or another crime, your future is on the line. But not every criminal accusation leads to a conviction. The key to defending yourself starts with understanding the various legal defenses that may apply to your case. With the guidance of a knowledgeable criminal defense attorney Jersey City, you can assess the best defense strategy and work toward a favorable outcome.
In this article, we explore the most common criminal defenses used in New Jersey courts and how they can apply to your situation.
1. Innocence / Lack of Evidence
One of the most basic but powerful defenses is simply asserting that you did not commit the crime. The U.S. legal system is based on the principle that you are innocent until proven guilty. The prosecution bears the burden of proving your guilt beyond a reasonable doubt. If they can’t meet that high standard, the charges should not stand.
In these cases, your attorney may present an alibi (proof you were elsewhere at the time of the crime), challenge the credibility of witnesses, or expose inconsistencies in the prosecution’s evidence.
2. Constitutional Violations
If law enforcement violated your constitutional rights during the investigation or arrest, the charges against you could be reduced—or even dismissed. Common constitutional violations include:
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Illegal search and seizure (Fourth Amendment)
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Failure to read Miranda rights (Fifth Amendment)
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Denial of access to an attorney (Sixth Amendment)
A skilled criminal defense attorney Jersey City will examine every aspect of your arrest to determine if your rights were violated. If they were, your attorney can file motions to suppress improperly obtained evidence, significantly weakening the prosecution’s case.
3. Self-Defense or Defense of Others
In cases involving assault or homicide, claiming self-defense is a common and legitimate legal strategy. To use this defense successfully, you must demonstrate that:
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You reasonably believed you were in imminent danger
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The force used was proportionate to the threat
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You did not provoke or escalate the conflict
New Jersey law also permits the use of force to defend another person if you reasonably believe that individual is in danger. A defense based on justification like this must be carefully constructed with evidence and witness testimony.
4. Duress or Coercion
If you committed a criminal act because you were forced or threatened into doing so, you may be able to claim duress. This defense argues that you had no reasonable way to avoid committing the offense and acted out of fear for your own safety or someone else’s.
For example, if someone threatened to harm your family unless you helped them commit a robbery, your actions might fall under duress. However, this defense is generally not accepted in cases involving serious violent crimes like murder.
5. Entrapment
Entrapment occurs when a law enforcement officer induces someone to commit a crime they otherwise would not have committed. While police are allowed to conduct undercover operations, they cannot coerce or overly pressure a person into breaking the law.
To prove entrapment, your attorney must show that:
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The idea to commit the crime came from law enforcement
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You were not predisposed to commit the crime
Entrapment defenses are often used in drug cases or sting operations, and they require a nuanced understanding of both the law and the facts of your case.
6. Mental Incapacity or Insanity
In rare cases, a defendant may claim that they were not mentally capable of understanding the nature of their actions or distinguishing right from wrong at the time of the offense. This is often referred to as an insanity defense.
New Jersey uses the M’Naghten Rule, which states that the defendant must have been suffering from a severe mental disease or defect, rendering them unable to understand their actions. This defense is complex and usually requires psychiatric evaluation and expert testimony.
7. Mistake of Fact or Law
Sometimes, people commit crimes without realizing what they’re doing is illegal. While ignorance of the law is usually not a defense, there are exceptions. A mistake of fact, such as believing you had permission to take property that belonged to someone else, can negate criminal intent.
For example, if you genuinely believed a car was yours—or thought you had consent to borrow it—you may be able to avoid a theft conviction. The key is proving that your belief was reasonable under the circumstances.
8. Alibi
An alibi is a defense in which you present evidence that you were not at the scene of the crime when it occurred. This may include surveillance footage, witness statements, receipts, GPS data, or phone records.
Presenting a strong alibi can cast significant doubt on the prosecution’s narrative, especially when combined with cross-examination that weakens their evidence or timeline.
Final Thoughts
Every criminal case is different, and the success of any defense depends on the specific facts and evidence involved. That’s why working with a seasoned criminal defense attorney Jersey City is so critical. Your attorney will evaluate all possible defense strategies, investigate the facts, and advocate on your behalf throughout the legal process.
If you’re facing criminal charges, don’t leave your future to chance. Contact The Law Offices of Anthony Carbone, P.C. to discuss your case and get the guidance you need to protect your rights and your freedom.
