Reviewing Potential Defenses With A Tulsa Criminal Defense Attorney

In Oklahoma, criminal defense cases are constructed according to the type of defense identified. Specific factors that apply to the criminal offense lead to the most effective defense choice. A local attorney could provide a defense for the defendant based on related factors.

Using the Insanity Defense

To use the insanity defense, the defendant must have a history of mental illness. A licensed psychiatrist must evaluate the defendant to determine if the individual is classified as insane. However, documented medical records could be used to show the defendant’s current mental status. If insanity is proven, the case could be dismissed due to an inability to commit the crime and/or understand that a crime was committed.

A Self-Defense Case

Self-defense indicates that the defendant committed the crime to stop the victim from harming them. The defendant must show how they feared for their life due to the actions of the victim. The defense is used most often in murder cases. If the victim had a deadly weapon, it is possible to prove a self-defense claim.

Involuntary Intoxication or Drugging

Medical testing of the defendant’s blood immediately following the criminal offense could secure evidence needed for the defense. The presence of alcohol or drugs could prove of involuntary intoxication or drugging. The defense indicates that defendant couldn’t have committed the crime due this involuntary state. The defendant must also prove that they didn’t consume the alcohol or take drugs on their own accord. For example, the presence of Rohypnol shows that they were drugged by a separate party.

The Infancy Defense

The infancy defense applies to the age of the defendant. Any defendant that is at an age where they couldn’t possibly understand the crime could use the infancy defense. However, the defendant must be evaluated by a psychiatrist to determine if the claim is valid.

In Oklahoma, criminal defense cases could present a claim of insanity, self-defense, involuntary intoxication, or infancy. The defense selected must present clear evidence that substantiates the defendant’s claim. In some cases, a psychiatrist and/or forensic lab is needed to validate the defense. Defendants who need assistance can contact a Tulsa criminal defense attorney and schedule an appointment right now.