When meeting with Criminal Appeal Attorney in Fairfax, VA Dave Albo about a homicide arrest, one of the first things that may happen is deciding which defense strategy to use. The punishments for a murder conviction may mean life in prison. Just knowing this is a potential risk is usually enough to motivate a person to seek legal representation quickly. We cannot emphasize just how important it is that you do not wait to hire an attorney at our practice. The longer you wait, the less time we have to build a strategy in your defense.
After a thorough evaluation of what happened, a Criminal Appeal Attorney in Fairfax, VA can talk with you about the various defenses to murder and which may be most influential in your case, such as:
Self-Defense (Justifiable Killing)
Perhaps you acknowledge that you were present and a killing did occur. However, maybe you were acting in self-defense against the other person which resulted in them dying. The term self-defense is when someone uses force against another to protect themselves from an attack or harm. In truth, Americans have the right to protect one’s person and property from injury. To prove self-defense, you and your VA Criminal Appeal Attorney at Dave Albo law firm will have to show the following elements applied:
- There was an attack that you didn’t provoke
- The attack was threatening to your safety
- In response, you used a reasonable level of force
- There was an objective concern that you may face severe injury or death if you hadn’t protected yourself
Diminished Capacity (Insanity)
While claiming insanity may be used quite often in television shows and cases of murder on the news, your attorney Dave Albo may tell you that this defense isn’t utilized as frequently as you may think. It actually takes a significant amount of proof for your criminal defense attorney in Fairfax, VA to show that someone was truly insane and should not endure the same kind of consequences for their actions as those who are of a stable mindset. Under the diminished capacity defense, there are a few angles that can be used:
- Mental Disorder: the accused must state and show proof that he or she is not guilty by reason of insanity. Your Virginia Criminal Appeal Attorney in Fairfax can speak with expert witnesses in the field for their opinion about whether the accused was suffering from a severe mental disorder, which impacted their ability to reason right from wrong.
- Impairment: the accused was impaired either from head trauma, intoxication, or mental illness. Depending on the factors of the case, the accused may receive a lesser charge or be acquitted of the charges.
- Defendant of Minor Age: someone who is under the legal age of adulthood may get charged with manslaughter instead of murder, because children or teenagers may not understand the consequences of their behavior.
Needless to say, hiring a seasoned attorney for a serious matter like a murder can make the difference between spending your life in jail or receiving a verdict that is closer to what you would have hope for. Dave Albounderstands what is at stake. Please call Dave Albo right now to talk over the phone and schedule your first free, no-obligation consultation with a Criminal Appeal Attorney in Fairfax, Virginia.