A misdemeanor is a type of crime punishable by a maximum of one year in jail. Some examples of misdemeanor offenses include simple assault, simple theft, and minor DUI offenses.
People charged with misdemeanors may be able to assert one or more defenses, which can serve as justifications or excuses for their criminal acts. Successfully proving a defense may result in a reduced sentence or even prevent a conviction altogether.
Several defenses can be raised in response to misdemeanor charges. Some of the most common defenses are listed below.
Intoxication is divided into involuntary and voluntary intoxication.
Involuntary intoxication occurs when the defendant becomes intoxicated against their will, often unknowingly. For example, if someone spikes a defendant’s drink at a party, leading to their intoxication and subsequent criminal behavior, they may claim involuntary intoxication.
This defense can apply to both specific intent and general intent crimes.
In a specific intent crime, such as assault, the defendant’s involuntary intoxication may have prevented them from forming the intent to commit battery. In a general intent crime, such as trespassing, the defendant’s involuntary intoxication may have made it impossible for them to avoid committing the act.
Voluntary intoxication, on the other hand, refers to situations where the defendant knowingly consumes intoxicating substances. This defense is typically limited to specific intent crimes.
For example, if a defendant is charged with fraud for deliberately making false statements to obtain money, they may claim that their voluntary intoxication prevented them from forming the intent to deceive others. However, voluntary intoxication is not usually a successful defense for general intent crimes.
A mistake of fact defense arises when a defendant is mistaken about a fact essential to proving the crime. For example, in a theft case, a defendant might have genuinely believed they were taking their own bicycle instead of the victim’s identical-looking bike. In this situation, the defendant could argue that they did not intend to steal the bike because they mistakenly believed it was their property.
Self-defense is a justification for using reasonable force to protect oneself from an imminent threat of violence.
For example, if a person is being attacked by someone wielding a knife, they may use appropriate force, such as using a nearby object to defend themselves or striking the attacker to prevent injury. However, if the threatened violence is minor, such as a shove or slap, the defendant cannot use deadly force in self-defense, as it would be disproportionate to the threat.
A defendant may claim duress as a defense when they commit a crime under the immediate threat of injury or harm, with no viable alternative to escape the situation. For example, if a person is kidnapped and threatened with severe harm or death unless they commit a robbery, they may plead duress as a defense.
It must be shown that the defendant had no other choice but to commit the crime to avoid harm.
Imperfect self-defense occurs when a defendant has an honest but unreasonable belief that force is necessary to prevent harm.
For example, if a person mistakenly believes that someone is about to attack them with a weapon and responds with force, causing injury to the other person, they may claim imperfect self-defense.
While this defense might not absolve the defendant entirely, it could result in a reduced charge, such as moving from murder to manslaughter.
The necessity defense applies when a defendant commits a crime to prevent a greater harm or address an emergency situation.
For example, if a person breaks into a private property to access a fire extinguisher to put out a nearby fire, they may claim necessity as a defense.
Another example could be a situation where a driver exceeds the speed limit to rush a critically injured person to the hospital. The defendant must demonstrate that their actions were necessary to prevent significant harm and there were no legal alternatives available.
Entrapment is a defense that may be claimed when a defendant argues that they were induced or persuaded by law enforcement agents to commit a crime, they would not have committed otherwise.
This defense aims to prevent government officials from encouraging or enticing people to engage in criminal behavior for the sole purpose of arresting and prosecuting them.
For example, if an undercover police officer repeatedly pressures and persuades a person with no prior criminal record or drug-related history to buy illegal drugs, the defendant may argue that they were entrapped. The defendant must demonstrate that the government agent’s conduct was so coercive or deceptive that it induced them to commit the crime, even though they were not predisposed to do so.
However, entrapment may not be a successful defense if the defendant had a prior disposition to commit the crime. For example, if the defendant has a history of drug dealing and the undercover officer merely provides an opportunity for them to commit the crime, entrapment would likely not apply.
The key element in the entrapment defense is showing that the defendant would not have committed the crime without the government agent’s involvement and persuasion.
A successful defense can lead to a reduction in sentence or prevent a conviction altogether. For example, proving imperfect self-defense may result in a shorter jail sentence. The defendant cannot be convicted if a defense disproves one or more elements of the crime.
The burden of proof for a defense varies by state.
Some states require the defendant to prove their defense by a preponderance of the evidence, meaning that the allegations supporting the defense are more likely true than not. Other states only require the defendant to present a plausible basis for their defense, after which the prosecution must disprove it beyond a reasonable doubt.
In some jurisdictions, the defendant must prove their defense by clear and convincing evidence, which is a higher standard than the preponderance of the evidence.
If you are facing misdemeanor charges, consult with a criminal defense attorney. An experienced attorney in your area can review the details of your case, help you develop your defense, and represent you in court proceedings.
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