What Are The Four Major Criminal Law Defenses?

Lance Robinson • Sep 07, 2020

Learn about the 4 major criminal law defenses and what each represents.

At this point, you may be finding that you or a friend has recently been charged with an injustice. If that's the case, you may be wondering, "What are my defense options?" While every case is different, there also could be valid reasons you need a criminal defense attorney. While there are a few different defenses as you're going to learn, it’s very important you seek advice from an attorney in New Orleans, LA to ensure you fall under the right legal pillar.

Criminal Defense

Criminal defenses are going to involve validated arguments that challenge the evidence presented by prosecutors. The state of Louisiana (the prosecution) will use this opportunity to try and prove you're guilty beyond a reasonable doubt. The state will have the role of breaking down the crime in its entirety to show that you have committed the crime.

We understand this can be a trying time for you and your family. However, you need to make sure you have an experienced criminal defense attorney by your side. I'm available 24/7 - if you need a criminal defense lawyer or just have questions, give me a call at 504-465-0101.

For example, I represent clients here in New Orleans, for the following;


  • DUI And DWI - We do handle traffic offenses, including DUI and DWI. If you've been arrested, be sure to give us a call right away if you're arrested for DWI or DUI. We may be able to help you with your driver privileges if you contact us right away.
  • Public Intoxication - Once you have been charged with public intoxication, you could be issued a citation, receive a summons to appear in court, or get arrested and brought to jail. If you've been charged with public drunkenness, give our office a call immediately.
  • Disturbing The Peace - When you retain Lance J. Robinson as your New Orleans lawyer for disturbing the peace charges, we commit to helping you every step of the way. In fact, we may be able to help you not be required to attend court. Contact our office today to learn how we can help.
  • Criminal Trespass - If you have been charged with criminal trespass in New Orleans or the surrounding area, you could either receive a summons to appear in court or you could be arrested and brought to jail. In either case, you should be assigned an arraignment date to appear in court.
  • Lewd Conduct - If you’re already facing a lewd conduct charge, you need to act quickly and discover what your options are for beating it. It’s important to note that lewd conduct doesn’t necessarily equate to sexual misconduct. You can reach us right now by calling 504-465-0101 or by texting 504-427-6210.
  • Criminal Damage To Property - If you are charged with criminal damage to property in New Orleans, you will either receive a summons to appear in court or you could be arrested and brought to jail. If you are issued a summons for criminal damage to property you should not ignore the summons hoping it will go away-in fact, there are serious consequences ignoring a summons.
  • Simple Battery - Simple battery is less violent and less severe than aggravated battery. However, a charge of simple battery may rise to an aggravated battery charge if the victim receives injuries that become more serious. Be sure to contact a New Orleans criminal defense attorney right away.
  • Domestic Abuse Battery - If you are charged with domestic abuse battery, it is imperative that you choose a criminal defense attorney with extensive experience to defend you and protect your rights.
  • Traffic Tickets - No one likes going to traffic court. That is why it is better to have an attorney help you with your traffic tickets. If you have received a traffic ticket for speeding or any other traffic offense, please call us for a free consultation.
  • Expungement - Expungements are the process by which a person's legal record of arrest or conviction is "sealed" or erased from public view. If an arrest or conviction is expunged, it will not appear on your criminal background check for most employers. It is always recommended to expunge any arrest or conviction to prevent any restrictions you could face in the future.


Defense Others Or Self

The law is clear as it pertains to murder, battery, and assault, all 3 are legal reasons for defense of self and/or others.

In some specific scenarios, a violent act may prompt an immediate violent response to defend one's own or another’s life. For example, if you witness a person trying to harm another person, under the right category of reasonings, you are allowed to defend that other person to a point in which the person inflicting the harm is forced to surrender, but not beyond that point. Once you go beyond the point of defending the innocent person (continuing to harm the person whose surrendered from harming the innocent party), you have crossed into the category of assault and battery. The same rule is also applied to self defense. Once the person has relinquished control, you should refrain from continuing bodily harm to that person.

Defense Of Property

This criminal law defense has the same rules as defense with self or others. If you feel the person is posing harm to your property, you may use an act of defense to a point where the party has stopped. There is also criminal damage to property , when someone has destroyed your personal property.

Mistake Of Law

In some scenarios, the defendant being accused may not be aware that they've committed a crime. For example, if the defendant was gifted with something, unaware that this ‘gift’ is another person's property and they were charged with the crime, they could plead not guilty with proof. You see this a lot with individuals who’ve been victims of identity fraud. The criminal will use the defendant's identity to steal or embezzle money. In such a case, as I usually explain, you may want to reach out to a New Orleans criminal attorney to see if they can help.

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