During a criminal arrest, the officer has to state out loud the suspect’s Miranda rights. Among other things, the set of rights notifies a suspect that they have a right to an attorney. The court can either assign an attorney or you can hire an independent defense attorney. But what kind of cases does a criminal defense attorney often handle?
If you have been arrested for a crime, the attorney you hire will not be the same one you sought when writing your will or business contracts.
A criminal defense attorney employs criminal law to defend institutions and individuals who have been accused of a crime. Their role is to ensure that a suspect remains innocent and not proven guilty.
Understanding the common types of cases a criminal defense attorney typically handles will help you, should you ever need similar services.
Theft and Robbery
These types of crimes can range from petty theft and pickpocketing to armed robbery and larceny. The magnitude and severity of theft and robbery crimes often depend on the following:
- Method used
- The presence of firearms
- The value of property stolen or damaged
Minor theft and robbery cases might attract second-degree charges, including imprisonment and fines. The charges may aggravate to first-degree if serious injuries and/or death happened.
Crimes Involving Drugs
Similarly, crimes involving drugs can range from mere possession to murder and gang violence. Such cases vary in type and even the crime associated.
First, it is a criminal offense to manufacture, distribute, or possess drugs that have a potential for abuse. These include substances such as amphetamines, marijuana, heroin, cocaine, and other drugs often misused.
Second, there are drug crimes that result from the drug’s effects on a user. Such include theft, violence, and gang rivalries.
A criminal defense applies the different laws associated with each crime to defend a suspect.
Driving Under the Influence
Federal and state laws frown upon drivers operating a vehicle while impaired from alcohol or other drugs. This is justified, seeing that tens of thousands of people perish from DUI-related accidents every year.
A DUI case can cost you legal fees and fines of up to $10,000. Typically, the outcome depends on how intoxicated you were, any past DUI charges, and whether there was an injury or death caused by a possible accident.
A criminal defense attorney will be your greatest asset if you are facing possible DUI case outcomes like license suspension, jail, increase in your traffic points, and insurance premium hikes.
DUI can also introduce a civil case, such as when a DUI-related crash caused injuries and wrongful death. A claim lawsuit filed against you for negligence will attract a compensation case.
Assault and Battery
Assault is a threat to harm while battery is the actual causation of harm through intentionally touching another person without their consent.
The outcome of these cases depends on the severity of the harm caused. If the crime happened but no actual harm resulted, a defense lawyer can argue for your case to be treated as a misdemeanor.
However, if there were severe injuries, death, or the use of force and weapons, the charges can escalate to a felony.
Domestic violence instances that result in injuries and child abuse can also fall under battery cases.
Sexual harrassment and rape are the two major categories of crimes involving sex. Crimes such as indecent exposure, child abuse, spousal rape, prostitution, and statutory rape can result in several years to life imprisonment with no parole possibility.
The judge will also consider factors such as intentionality and the magnitude of injuries caused to the victim.