In Oklahoma, criminal defendants can fight a conviction according to factors that relate to their cases. The criminal defense attorney must assess the factors to determine if the defendant could be held accountable for the crime. When it is probable, the criminal defense is presented to fight against a conviction. Criminal defense lawyers in Tulsa, Oklahoma build defenses for the defendants in a variety of cases.
The Mistake of Fact
The mistake of fact could be presented if the arresting officer makes a mistake during the arrest. For example, a driver who is arrested for a DUI must exhibit signs of intoxication to be subjected to chemical testing. During the traffic stop, the officer must suspect the driver of being intoxicated based on actions such as reckless driving or speeding. If the officer doesn't have a clear blood-alcohol content reading showing intoxication, the officer doesn't have a case against the driver.
The Defense of Mistaken Identity
Criminal defendants are often arrested due to eyewitness accounts or surveillance footage. With this evidence or testimony, it is possible for the defendant to be mistaken for another individual. If the defendant has evidence that shows that they were not in the location in which the crime occurred, they can use the defense of mistaken identity. A felony criminal defense attorney could utilize a time-stamped receipt from a store to show the location of the defendant at the time of the crime.
The Defense of Infancy
Crimes that involve children could present a defense of infancy. If a child commits a crime, it is necessary to determine if they are mature enough to understand the consequences of their actions. If the child is too young to make this distinction, the state cannot convict them of the crime.
Mental Incapacity as a Defense
Individuals who have a mental condition that prevents them from committing a crime could utilize mental incapacity as a defense. A full psychiatric assessment could prove their innocence based on their abilities. If the defendant isn't mentally capable of committing the crime, they could avoid a conviction. The tulsa felony criminal lawyers can acquire the assessments to provide evidence to support the claim.
In Oklahoma, criminal defendants could avoid a conviction based on the defense used in their cases. The circumstances of the crime could present the defendant with a defense based on mistaken facts, mental disabilities, and mistaken identity. Defendants who need a defense today contact felony lawyers in Tulsa for further assistance now.