Determining the right criminal defense strategy is very important if you’re facing criminal charges in Oklahoma. Here’s a guide from an Oklahoma City lawyer to help you understand how to choose the best defense strategy for your case.
How to Choose the Best Criminal Defense Strategy in Oklahoma: Advice from an Oklahoma City Lawyer
Understand the Charges Against You
The first step in determining the best defense strategy is understanding the charges. Each charge carries different penalties: misdemeanors generally come with lighter sentences, while felonies can have more severe consequences, such as long prison sentences, large fines, and permanent damage to your criminal record.
Know whether the charge is violent or non-violent, drug-related, or a white-collar crime will often dictate the best defense strategy. For example, if you’re facing a DUI charge in Oklahoma, a defense focusing on the reliability of breathalyzer tests or the arrest process may be effective. However, violent crime charges might need a strategy that focuses on self-defense or the identification of the actual perpetrator.
Evaluate the Evidence Against You
The next step is to evaluate the evidence the prosecution has. Oklahoma law places the burden of proof on the prosecution. This means that they must prove your guilt beyond a reasonable doubt. The defense strategy you use will be influenced by the type and quality of evidence that the prosecution brings against you.
If the evidence is strong, a strategy that seeks to reduce the charges or minimize the penalties might be more appropriate. Strong evidence might include clear video footage, multiple reliable witnesses, or forensic evidence. However, if there are weaknesses in the evidence, such as conflicting witness statements or mishandled evidence, it might be more effective to challenge the credibility of the evidence through expert testimony or point out procedural errors made by law enforcement.
Know Your Rights During Arrest and Investigation
Knowing your rights will help you to identify procedural errors made by law enforcement during your arrest or throughout the investigation. You have constitutional protections that are protected by law during the entire criminal justice process. If your rights were violated at any point during your arrest or investigation, this could be a solid foundation for your defense.
For instance, if you were not informed of your Miranda rights when arrested, statements or confessions that you might have made after the arrest may be legally inadmissible. If officers conducted an illegal search without a warrant, any evidence found during that search could be thrown out.
Analyze Potential Defenses Based on Your Case
Self-Defense
If you are charged with a violent crime, such as assault or murder, claiming self-defense may be an appropriate defense strategy. In Oklahoma, you’re allowed to use force to defend yourself if you believe you are in imminent danger. However, the force used must be proportional to the threat. Successfully arguing self-defense requires proving that you reasonably believed you were at risk and that your response was necessary and appropriate.
Alibi
If you were not present at the scene of the crime, you might want to use an alibi defense. This strategy involves presenting evidence to prove that you were somewhere else at the time the crime occurred. Evidence for an alibi defense might be witnesses who can testify that you were elsewhere or video footage showing clearly where you were. An alibi is one of the strongest defenses, as it directly disputes the prosecution’s claim that you committed the crime.
Lack of Intent
Many crimes require the prosecution to prove intent. If you can demonstrate that you lacked the necessary intent to commit the crime, this could be a viable defense. For instance, in a theft case, if you can show that you took property by mistake, without intending to steal it, that defense could lead to acquittal or lesser charges.
Entrapment
When law enforcement leads a person into committing a crime they wouldn’t have committed otherwise, that is an entrapment. If you believe the police coerced or pressured you into breaking the law, this may be a good defense to use. However, proving entrapment in Oklahoma can be challenging, as it requires demonstrating that the idea to commit the crime originated with law enforcement and not with you.
Work with a Criminal Defense Attorney
It is unwise to try to choose the best criminal defense strategy on your own. A criminal defense attorney will not only help you understand the charges and potential defenses, but they will also have the experience needed to build the strongest case possible.
Look for a local defense attorney familiar with the Oklahoma’s unique laws and practices. You want someone in your court who has experience in how to negotiate plea deals, understands how local courts operate, and knows when to challenge evidence or push for dismissal.
Consider a Plea Bargain When Appropriate
Sometimes, if the evidence against you is strong, the best course of action may be to negotiate a plea deal. In a plea bargain, you and the prosecution agree that you will plead guilty to a lesser charge with the understanding that you will receive a lesser sentence. Plea deals can offer several benefits, including a faster resolution to your case and less media attention. Keep in mind that accepting a plea does mean that you will have a conviction on your record, so it’s a decision that must be made carefully.
In Oklahoma, plea bargains are common in both misdemeanor and felony cases. However, you should never accept a plea deal without thoroughly reviewing all the options and consequences with your attorney. A skilled defense attorney can help you negotiate the best terms, potentially reducing the time you spend in jail or eliminating certain penalties, such as probation or fines.
Preparing for Trial
If your case goes to trial, be mentally prepared for a stressful and time-consuming process. That’s always going to be true; but the best way to minimize the stress and time sink for you personally is to work with an experienced lawyer. Even still, you’ll need to work closely with your defense attorney so they have all the information they need to defend you and build a strong strategy for your case.
During trial preparation, your lawyer will work to undermine the prosecution’s case by challenging the admissibility of evidence, discrediting witnesses, and emphasizing inconsistencies in the prosecution’s arguments. A well-prepared defense is more likely to create reasonable doubt, which is the standard the prosecution must overcome to convict you.
Choose a Lawyer with Reputation and Experience
When choosing an attorney to help determine your defense strategy, reputation and experience should be major considerations. Oklahoma’s legal community is close-knit, and attorneys with good reputations can make a difference in how a case is handled in court.
You should also look for a defense attorney with experience in the specific type of crime you are facing. An attorney with a track record of success in similar cases will know which strategies are likely to work and which to avoid. Local judges and prosecutors will likely know them already, which can be helpful if you need to negotiate a plea deal or if the case goes to trial.
If you are facing criminal charges in Oklahoma, contact Cannon & Associates Law, PLLC, for a consultation. Our team of experienced criminal defense attorneys here in Oklahoma City, OK, is here to help you and protect your rights.