No matter the charge, facing a criminal accusation can be an overwhelming experience. Whether it is an infraction, misdemeanor, or felony allegation, understanding the right course of action can be a daunting process. It is natural to contemplate what makes a strong or weak defense. You may even wonder: what is the weakest defense in a criminal case?

It is essential in such circumstances to have an experienced lawyer by your side. Ewing Law Group, PC has been serving the people of Sacramento for over twenty years with the highest standards of service. Our Sacramento criminal defense attorney can help build a vigorous defense on your behalf.

Types of Offenses

In California, there are three main categories of criminal offenses. These include infractions, misdemeanors, and felonies.

• Infractions are the lowest level of legal violations and are not considered criminal offenses. These include traffic violations like speeding and driving without a seatbelt. They can also involve other low-level violations, such as breaking municipal or administrative regulations.
• Misdemeanors are more serious kinds of offenses. Examples include driving under the influence, vandalism, and disorderly conduct. Misdemeanors create a criminal record and often carry a possible sentence of up to one year of jail time.
• Felonies are the most serious crimes and include charges like murder, rape, arson, and drug trafficking. These offenses can carry a prison sentence of a year or more, and a conviction will remain a permanent part of your criminal record. Between 70-80% of felony cases result in a conviction.

Strong Defense Strategies

As soon as you are charged with a crime, you should begin building your defense. Once a report has been filed by police, it is likely charges will follow. Over 70% of adult charges submitted by police are pursued by the District Attorney’s Office.

A strong defense rests on showing reasonable doubt. The burden of proof lies with the prosecution, and they must demonstrate that their version of events leaves no doubt. This is a high burden of proof, and any good defense will work to instill doubt in the prosecution's case.

Common strategies to achieve this include challenging the evidence, the reliability of witnesses, and the narrative of events presented by the prosecution:

• It is common for an experienced attorney to challenge the admissibility of evidence presented by the prosecution. This challenge can come in the form of questioning the chain of custody for the evidence or its relevance to the case. Presenting your own exculpatory evidence can bolster your defense immensely and help support an alternative narrative of events.
• An over-reliance on witness testimony often shows a weak case on the part of the prosecution. Challenging a witness's credibility is a common approach. Pointing out problems in a witness’s version of events, their motivation, or trustworthiness are standard strategies.
• Presenting a reasonable alternative narrative can help immensely when sowing doubt in the prosecution's case. Presenting a version of events that seems reasonable and likely by default undermines the prosecution’s case.

The Weakest Defense

A defense relying on a weak or unsupported alibi is typically the most vulnerable strategy in court. Although a strong alibi can be highly effective, a weak alibi opens up several problems:

• Ease of Fabrication. Claiming to be elsewhere during the alleged crime is often viewed with skepticism, even with witness testimony. Evidence supporting an alibi can also be faked, making such a defense easy to doubt.
• Lack of Credibility. Heavy reliance on an alibi may seem desperate. Without overwhelming supporting evidence, experienced prosecutors often dismantle alibis during trial.
• Easy to Disprove. Claiming an alibi shifts the burden of proof onto the defendant, making it a target for the prosecution. Prosecutors frequently find evidence or testimony that contradicts an alibi, further weakening the defense.

FAQs

Q: What Makes a Criminal Defense Case Weak?

A: If you are facing criminal prosecution, you will naturally want to know if your defense is weak or not. In general, defenses that rely on weak evidence and hearsay are not winning strategies. The purpose of a defense is to create reasonable doubt regarding the charges, and if there is no tangible, exculpatory evidence or reliable witness testimony on your behalf, your defense may be weak.

Q: What Is the Most Common Defense to a Criminal Charge?

A: There are many common defenses used when litigating criminal charges. However, reasonable doubt is probably used most often. The arguments presented by the prosecution and their supporting evidence must be so compelling that all other alternatives are left unconvincing. But, even if there is compelling evidence, a jury must acquit if there is any doubt as to the prosecution's version of events.

Q: What Is the Lowest Level of Criminal Offense?

A: The lowest level of criminal offense is a misdemeanor. Because infractions are not considered criminal offenses, a misdemeanor – which is more serious – represents the lowest level of crime. Nevertheless, misdemeanors have lasting legal consequences and can result in fines and even jail time. In most cases, a misdemeanor charge will remain a part of your criminal record.

Q: What Is Considered Weak Evidence for Prosecutors?

A: Relying too heavily on unreliable witness testimony is considered weak evidence for prosecutors. Attorneys know the peril of relying on witnesses with credibility issues such as inconsistent accounts or a lack of first-hand knowledge. If a prosecution depends on such testimony, it is likely that their other evidence and argument as a whole are weak, as well.

Contact Us

Whether you are facing misdemeanor or felony charges, Ewing Law Group, PC can offer you strategies and options. Our attorneys will give you the highest standard of defense and offer solutions. Contact us today and begin the process toward resolution.