Are There Specific Defense Strategies or Legal Precedents That are Commonly Used in Federal Criminal Cases in Nashville?

Building a strong defense can reduce your chances of prosecution, but it requires working with an experienced Nashville federal criminal defense lawyer. At Andrew C. Beasley, PLLC, our team of professionals is well-versed in defense strategies to help you achieve the best possible case outcome. In this blog, we discuss specific defenses that we have successfully used in federal criminal cases.

Legal Defenses

While the strongest defense is innocence, most defenses in federal criminal cases are legal defenses. A legal defense is an argument used in court that negates or reduces the defendant’s liability. Simply stated, it admits that you committed the crime but that there is a valid reason why you should not be punished.

Common legal defenses in federal criminal cases may include:

Self Defense

Using force to protect yourself against your attacker is usually considered a complete defense, absolving you from liability. However, you must have used force proportional to the threat against you. For example, you cannot use deadly force if you did not face imminent deadly harm.

Determining if an appropriate amount of force was used can be subjective. It may come as no surprise that the prosecution will most likely dig for any evidence to show that the force you employed was excessive. At Andrew C. Beasley, PLLC, our criminal defense lawyers have the necessary skills to present pertinent evidence to demonstrate how you acted in self-defense.

Illegally Obtained Evidence

The Fourth Amendment protects U.S. citizens from illegal search and seizures by the government. It states that a warrant must be obtained to search a person’s home, describing which spaces will be searched and what items are subject to seizure. If a warrant is not obtained, then the individual must give consent. If evidence is seized unlawfully, then it must be thrown out.

Any evidence that was obtained as a result of the illegally obtained evidence must be discarded too (known as the fruit of the poisonous tree doctrine). This doctrine applies to testimony as well as tangible evidence. There are certain exceptions which could allow the prosecution to keep this illegally obtained evidence, which the state will try to employ.

Lack of Probable Cause

To arrest someone, probable cause must be demonstrated. Probable cause requires that law enforcement provide sufficient evidence that you committed the crime. This standard is higher than reasonable suspicion (which is required in a stop and frisk) but less than beyond a reasonable doubt (which is required for a conviction).

If you have been charged with a felony, then probable cause must be established at a preliminary hearing in order for your case to progress forward. The prosecution bears the burden of proof, which is done by presenting evidence and witness testimony. If a judge determines that probable cause is present, then your case will be presented to a grand jury. A Nashville criminal defense lawyer will cross-examine witnesses to help “poke” holes in the prosecution’s case and increase your chances of getting the charges dismissed.

Speak with our Nashville Federal Criminal Defense Attorneys

Facing federal criminal charges can be frightening, making you worry about the strength of evidence against you. Given that a federal criminal conviction can result in imprisonment, fines, and restitution, you want aggressive representation on your side. At Andrew C. Beasley, PLLC, our Nashville federal criminal defense attorneys are committed to preparing defense strategies to protect our clients’ rights. To learn more or arrange your free consultation, contact us online or give us a call today.