Criminal Defenses

There are many different defenses that can be used in criminal cases. One of the most notable one is that of insanity. Experienced criminal lawyer Richard A. Chan will evaluate the facts and determine the best defense for your case. One possible defense is insanity. However, different states have adopted different measures in evaluating and responding to the plea of insanity. Some states adopted a simple test known as the M’Naghten rule, which is simply a determination of whether the perpetrator was able to distinguish right from wrong.  Other states have adopted the irresistible impulse test that may apply when a defendant knew he or she was doing wrong, but that state of the defendants mind prevented him or her from controlling his or her conduct—the defendant was overtaken by an irresistible impulse to engage in that behavior.  

In contrast, the District of Columbia adopted the Durham test and provides that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect.  These types of insanity defenses are generally subject of a good deal of controversy and normally involve expert testimony from psychiatrists or other mental health professionals. Sacramento criminal lawyer Richard A. Chen is an expert in defense strategizing and can help you.

Another defense Sacramento criminal lawyer Richard A. Chan may choose to utilize is intoxication.  If a crime requires specific intent, then a person who is intoxicated may be incapable of forming that specific intent.  Coercion is another defense that arises when there is duress.  For example, a bank teller who turns over the bank’s money to the robber is acting under duress and therefore is not guilty.

Another defense is that of necessity.  For example, a woman breaks down a neighbor’s front door because she is threatened with sexual assault. Her conduct is governed by the defense of needing to find safety and to seek refuge and thus, shall be found not guilty of burglary. Criminal defense lawyer Richard A. Chen specializes and prides himself on having the ability to determine and apply the best defense for optimal outcomes.