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An Introduction to Defense Strategies in Criminal Cases

Stephen Krzyston

· Criminal Cases
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Attorney Stephen Krzyston manages criminal cases at Cavanaugh & Thickens in Columbia, South Carolina. Acriminal defense lawyer, Stephen Krzyston works with clients who have been charged with crimes and prepares their defense strategies.

A defense strategy is a planned approach to defending a person accused of a crime. There are different strategies available to defendants and their attorneys. One of the most common strategies is to poke holes in the prosecution’s case, casting doubt on the defendant’s guilt. Defense counsel may question the credibility of the prosecution’s witnesses or expose mistakes made by investigating authorities. For example, in a case of driving under the influence, the defense can challenge the legality of a sobriety checkpoint, the procedure used to administer the field sobriety test, or even the results of the field test itself.
Another strategy is to provide an alternative explanation of the facts, showing the defendant is not guilty of a crime. For example, in a case of theft where the defendant’s car was used, defense counsel can show that while the car does belong to the defendant, it was stolen from him earlier. Counsel can also provide supporting evidence proving that the defendant was not at the scene of the crime.
Some defense strategies are used not to show the defendant’s innocence, but rather to gain sympathy from the judge or jury. These are often employed to mitigate against harsh sentencing. For example, defense counsel may show that the defendant tried to withdraw from the crime as it was being committed, was the one who reported the crime, or worked to prevent more crimes from being committed after the fact.