Criminal attorneys such as spodek are a lifeline to defendants in cases of serious crime. Where guilt is already established, they can still play a part in reducing their sentences. This in turn gives the accused a greater chance of later rehabilitating fully within the community after being freed following fewer years or months behind bars. This article will explore some of the serious crimes with a view to exploring how it is that attorneys can mitigate things for their clients in such circumstances.
Assault
In cases of physical assault, causing actual harm, a criminal lawyer will quickly want to establish, for the sake of their client, what the motive for the assault was. In the case of the police, that will be the defendant’s reason for committing the assault in the first place and why they are guilty. Most crimes will have attached to them motive, means, and opportunity, or they would, or could not have, been committed. In the case of the criminal attorney, if it can be proven that there was reasonable provocation involved in the assault, then that would considerably lessen the seriousness of the offence in terms of any sentence that might be handed down, by placing some of the blame upon the victim for what happened. A criminal attorney would present this to a judge once guilt is established, which could be quite quickly if the defendant admits to the crime because of the overwhelming evidence against them, in the hope that a judge might apply leniency to the defendant by way of a reduced sentence. This is, of course, where a good criminal attorney is essential, so that instead of the mitigations seeming like excuses, they can instead be presented as factual and therefore convincing and plausible to a judge. You may visit our website and leverage free consultation for your regarding your case.
Armed Robbery
There would seem little mitigation possible with an armed robbery, as the robbery could have been carried out without the guns, one would have thought. That way, the whole offence would have ended up less serious. However, there are still grounds for mitigation. Perhaps that there was the threat of violence towards the accused if they did not comply with the orders of the gang that they had found themselves a part of. This could consist of threats towards their own family and young siblings, which is enough to make anyone comply. A judge would certainly make allowances where younger siblings were in danger. It could be viewed as responsible that they were being considered and protected. However, a judge’s leniency will only stretch so far because one would like to think that the gang member would have been offered protection had they informed the police. Although, things are never quite that simple in gang culture. A criminal attorney will do what they can to persuade the judge that the defendant has become trapped by gang culture, peer pressure, and the threat of violence towards themselves and their loved ones.
Fraud
Fraud is generally about greed on the part of the accused. This is normally how it differs from a simple theft. It will be on a grander scale, with the hope of extracting more and more money from unfortunate victims, whether they be a company or an individual. However, there is still hope for mitigation if the person carrying out the fraud had, for example, money worries. This is a motive that can also become a mitigation depending on what the consequences of financial ruin might be. If a family is involved, then it is all about protecting them. Judges have families, too, although have perhaps never had any money worries themselves. Conversely, if the money was spent on a luxurious holiday, the judge might take a dimmer view.
So, you can see how a few words in the right place from a criminal attorney can make all the difference. They are experts in the law and masters at presentation and coming up with mitigating circumstances. They can put the kinds of positive spins on cases that can benefit their clients’ futures considerably. By the time many criminal attorneys have finished summing up, everyone can be left wondering why a defendant is even standing in court. This help, of course, comes at a cost but can be well worth paying. Your money, after all, is no good to you confined inside a cell.
