Understanding Criminal Defenses

UndIUUnderstanding Criminal Defenses in New York

Understanding criminal defenses is helpful when you’re facing criminal charges, as your freedom, reputation, and future are on the line. At LaMarche Safranko Law, our experienced New York criminal defense attorneys represent clients in state and federal courts across Albany, Clifton Park, Plattsburgh, and the surrounding areas for decades. We carefully analyze every detail of your case to identify the strongest possible defense and protect your rights at every stage of the process.

Every criminal case is unique, but most defenses fall into one of the following categories:

1. No Crime Occurred

Sometimes, the facts show that no crime actually took place. In these cases, our defense focuses on proving that the alleged conduct was not criminal or did not occur as claimed.

2. A Crime Occurred, But You Were Not Involved

If a crime was committed, you may still be completely innocent. Common defenses in this situation include:

• Mistaken Identification – You were wrongly identified as the suspect.
• Alibi – You were somewhere else when the crime occurred.
• Framed – You were falsely accused or set up by someone else.

Our criminal defense attorneys thoroughly investigate the evidence, review surveillance footage, interview witnesses, and consult with experts to prove your innocence.

3. A Crime Occurred, But There Is a Legal Defense or Justification

Even when the underlying facts are not disputed, the law recognizes circumstances that may justify your actions. Common legal defenses include:

• Agency
• Duress
• Entrapment
• Infancy
• Emergency Measure
• Self-Defense
• Renunciation

These defenses can apply in cases involving assaults, drug offenses, and other criminal charges where your actions were compelled by threat, necessity, or lawful authority.

4. A Crime Occurred, But the Defendant Is Not Responsible

Certain conditions may affect a person’s ability to be held criminally responsible. These include:

• Mental Disease or Defect
• Intoxication (Drugs or Alcohol)

Our Albany criminal defense attorneys work with medical and psychological experts to evaluate these complex issues and present the strongest defense on your behalf.

5. A Crime Occurred, But Not the Crime Charged

In some situations, the prosecution may overcharge a case. The evidence might support a lesser offense rather than the one alleged. Defenses in these cases may include:

• Lesser Included Offenses
• Extreme Emotional Disturbance

By challenging the prosecution’s evidence and negotiating strategically, we work to reduce or dismiss the charges whenever possible.

The Presumption of Innocence

It’s essential to remember that you are presumed innocent until proven guilty. The prosecution bears the burden of proving your guilt beyond a reasonable doubt — meaning they must prove every element of the crime with credible, admissible evidence. You do not have to prove your innocence.

At LaMarche Safranko Law, we believe that every person deserves a strong and dedicated defense. Our criminal defense lawyers are committed to ensuring you receive fair treatment, a thorough investigation, and the best possible outcome in your case. If you have been charged with a crime, don’t waste time.  Call 844-ACCUSED.