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Proof beyond a reasonable doubt means a jury is firmly convinced of the accused’s guilt and that there is no practical or realistic explanation for any element of the crime other than it was committed by the person charged with the crime. It is the highest form of proof in the law.

A mistaken identity defense is used when a witness incorrectly states that a person was involved in a crime, when they were not.  This defense is often utilized when there is eyewitness testimony and the defendant did not commit the crime. The New York Court of Appeals, our highest court, in 2017, recognized the unique [...]

A person charged with a crime can use an alibi defense if they can establish that they were someplace else when the crime was committed. Typically, this defense is put forth by witnesses by the defense. However, when an alibi defense is used, the burden of proof remains with the prosecutor to establish all elements [...]

Yes.  Criminal defense lawyers will often defend a case on the basis that their client was framed or set up.  With this type of defense, a criminal defense lawyer will try to establish someone else committed a crime and that their client is wrongly accused.

An Agency defense is a rarely used defense in drug cases.  The agency defense protects an individual who is working or acting for a buyer of drugs only. An agent of the buyer involved in a drug transaction is purchasing or acquiring drugs for somebody else.  This defense cannot be used if you have any [...]

Duress is an affirmative defense raised when you were engaged in illegal conduct because you were forced or coerced to do so by use/threatened use of unlawful physical force upon you (or a third party), which force or threatened force a person of reasonable firmness in your situation would have been unable to resist.

If a defendant utilizes an affirmative defense, then the defendant has the obligation and burden to prove the affirmative defense by a preponderance of the evidence.  If an affirmative defense is offered, the prosecution still has the burden to prove every element beyond a reasonable doubt.  In the context of a jury trial, the jury [...]

A Preponderance of the evidence means more likely than not. In mathematical terms it is 51% or just over half.

An entrapment defense is used when you have engaged in prohibited conduct because you were induced or encouraged to do so by a public servant or a confidential informant working for the police who was seeking to obtain evidence against you for a criminal prosecution. To raise the defense your criminal defense attorney must show [...]