Facing criminal charges in Missouri can be overwhelming, especially when you’re unfamiliar with the legal defenses that may be available to you. Fortunately, Missouri law recognizes a variety of legal defenses that can reduce penalties or even lead to a dismissal of charges. Understanding these defenses is a critical first step in preparing your case or working with your attorney.
In this article, we are going to talk about the most common Missouri criminal defenses, how they function, and what you should do if you are charged.
Why Criminal Defenses Are Important
Once you are charged with a crime, you are innocent until you are convicted. Criminal defenses are formalized descriptions or legal justification of the defendant’s conduct that will refute the prosecutor’s case in proving guilt beyond rationality.
A valid defense will result in:
- Dismissal of the case
- Acquittal at trial
- Reduced sentencing or charges
- Plea bargaining leverage
The defense strategy of preference is based on the crime, evidence, and technicalities of Missouri law.
Missouri Criminal Defenses
Missouri criminal defenses can be generally categorized under two types:
- Factual Defenses
These assert that the defendant did not do it or there was not enough evidence.
- Affirmative Defenses
These acknowledge the defendant performed the act but contain a legal excuse or justification which ought to exclude criminal liability.
We will now discuss the strongest and most prevalent defenses within each category.
1. Innocence and Alibi
Defense Type: Factual
Main Argument: The defendant is not guilty of the alleged offense.
The simplest plan is an alibi defense – you weren’t there. In the unlikely chance that you do have an alibi (proof you were elsewhere when the crime occurred), your attorney can present proof in the form of video, receipts, or witness testimony.
Missouri Tip: Alibi defenses usually need to be disclosed prior to trial. Talk with your attorney early and secure and provide proof.
2. Lack of Mental State (Mens Rea)
Defense Type: Factual
Strongest Argument: You did not have the intention or purpose to commit the crime.
Purpose is a component of the majority of Missouri crimes. Charges will not hold up unless you demonstrate that you knew or had the purpose to commit the act. In cases of theft, for instance, the state will need to establish that you had the intent to forever deprive someone of his property.
Example: You grab another person’s bag by accident thinking that it belonged to you. That is not a theft if you had no intention to steal.
3. Self-Defense or Defense of Others
Defense Type: Affirmative
Key Argument: You used force in order to defend yourself or another person from imminent injury.
Missouri is a “Stand Your Ground” state, and you don’t have to retreat prior to using force — and the use of deadly force — if you’re in a place where you have the right to be.
Requirements for Self-Defense
- There must have been a showing on your part of imminent danger or illegal force
- The amount of force employed must have been proportionate to the danger
- You would not have been the initial aggressor
This defense is employed most frequently in assault, murder, and domestic or spousal abuse.
4. Defense of Property
Defense Type: Affirmative
Main Argument: You employed reasonable force in defense of property.
You are allowed by Missouri law to use physical force to prevent theft, trespass, or property damage. Deadly force is reserved for extreme necessity, such as preventing the commission of an infliction of a forcible felony.
Note: Defense of property is not a defense to any use of force. It has to be reasonable and necessary in the context.
5. Insanity Defense
Defense Type: Affirmative
Primary Argument: The defendant was legally insane when he or she committed the crime and was incapable of understanding the nature or wrongfulness of the act.
Missouri follows the M’Naghten Rule, which is concerned with examining whether or not the defendant did know:
- The nature of the act
- That the act was illegal
If successful, the defendant is not guilty by reason of insanity and hospitalized instead of jailed.
Warning: This defense is sophisticated and will have to be proven by expert witness testimony and psychiatric examination.
6. Duress or Coercion
Defense Type: Affirmative
Primary Argument: You did commit the crime but only because you were threatened or coerced into doing so in order to avoid immediate harm.
To prove duress in Missouri, you will have to show:
- A threat of serious bodily harm or death
- The threat was imminent and unavoidable
- You had no reasonable alternative
Illustration: Threats of death at gunpoint to steal would be adequate defense of duress.
7. Statute of Limitations
Defense Type: Procedural/Factual
Main Point: Time for prosecution has expired.
There exists a statute of limitation for each crime in Missouri which varies between 1 year for misdemeanors to none for murder. Your attorney can get the case dismissed if you are not indicted by the state within the time frame allowed by law.
8. Entrapment
Defense Type: Affirmative
Big Point: Police coerced you into committing an act of crime that you wouldn’t have done otherwise.
A Government officer encouraging an individual to commit a crime is rendered unlawful by the Missouri statute. The defense under such circumstances would be considered utilized most frequently to undercover sting, narcotics, and prostitution operations.
Distinguishing Fact: Merely having the ability to commit a crime is not sufficient to create entrapment-pressure or deception in so doing is improper.
9. Mistake of Fact vs. Mistake of Law
Type of Defense: Factual
Error of Fact:
You erred regarding a fact (e.g., grabbed the wrong bag at the airport).
Error of Law:
No defense is permitted in most Missouri cases for lack of knowledge of the law.
Mistake of fact excluding an element of the crime (e.g., intent) may be a defense.
10. Consent
Defense Type: Affirmative
Primary Argument: The alleged victim consented to the act, excluding criminal liability.
This defense may apply in some offenses or attacks on property specifically if they are joint enterprises or mutual fights. However, consent is not a defense for such specific offenses;
- Statutory rape
- Domestic violence
- Child or coerced actors
Criminal Defense Lawyer Role
A veteran New Jersey Defense Attorney will scrutinize all of the facts that happen in your case, including:
- Quality of evidence
- Credibility of witnesses
- Police conduct
- Statutory defenses available
They will develop a customized approach to neutralize the legal effect. This may be in the way of pre-trial motions, plea bargains, or trial defense.
Last Words: Understand Your Rights, Strengthen Your Defense
Whether you’re up against misdemeanors or the worst felonies, being aware of what criminal defenses exist in Missouri can be the difference between going home free and serving the rest of your life behind bars. Every case is different — and the proper defense might be all that will count.
You’ve been charged with a crime in Missouri. Don’t delay. Call an experienced criminal defense attorney in Missouri right away to start building a strategic defense.
