Cincinnati Criminal Defense Lawyer

Common Defenses to Criminal Charges in Cincinnati

Depending on the circumstances of your case, we may draw on several different strategies to build a strong and reliable defense.

Below are some of the most common defenses used in Ohio criminal cases.

• Lack of Evidence: The prosecutor has the burden of proving beyond a reasonable doubt that the defendant is guilty of the crime. Our job is to hold the state to that burden by identifying inconsistencies in the prosecutor's case and creating reasonable doubt.
• Actual Innocence: This defense asserts that the defendant is innocent of the charges. Each crime has specific elements the state must prove. If even one element is missing, a jury must find you not guilty. This defense can apply in virtually any type of criminal case.
• Authorization or Consent: This defense applies where the alleged offense involves an act against another person's will or without their consent. For example, we may present evidence that an alleged sex crime was actually consensual, or that an alleged financial crime occurred with proper authorization.
• Constitutional Violations: The Fourth Amendment of the U.S. Constitution limits how police conduct searches and seizures. Officers generally need probable cause to conduct a search or make an arrest. If they can't show reasonable suspicion or probable cause, a court may rule that a search, seizure, or traffic stop was illegal. If we determine the police searched you unlawfully, we can file a motion to exclude all evidence that resulted from that search.
• Insanity: This is an affirmative defense that admits the act but claims the defendant was legally insane at the time. Because it's an affirmative defense, the burden of proof rests on the defendant, and a successful insanity defense can lead to institutionalization.
• Duress: This defense applies when someone commits a criminal act because they face an immediate threat of serious bodily harm or death from another person. The threat must be real, imminent, and leave no reasonable opportunity to escape. Threats of embarrassment or financial harm generally don't meet the legal standard.
• Self-Defense or Defense of Others: Ohio law allows you to defend yourself or others from a violent attack if your belief that you're in danger is reasonable. Self-defense is a common issue in cases involving assault, domestic violence, or homicide.
• Statute of Limitations: The statute of limitations is the legal deadline by which the state must file criminal charges. If that deadline passes, the state can't pursue that specific charge. The time limit varies depending on the offense.
• Speedy Trial: Under the Sixth Amendment of the U.S. Constitution, you have the right to a speedy trial. Courts evaluate speedy trial claims using a multi-factor balancing test that looks at the length of delay, the reasons for it, whether you asserted the right, and any prejudice the delay caused.

Your available defenses depend on the specific facts of your case and the evidence the state intends to use against you. At Patituce & Associates, protecting constitutional rights, from the moment of arrest through trial, is central to how we approach every defense. Contact our Cincinnati criminal defense law firm today to start that process.