What Defense Options Do I Have for a Class B Felony Charge? Being charged with a Class B felony in Missouri is a serious matter, but, with the help if an experienced St. Louis criminal defense lawyer, there are several defense strategies available that could help reduce or dismiss the charges, or earn an acquittal at trial. The right defense depends on the specific details of the case, the nature of the crime, and the evidence presented.
Defense Strategies for Class B Felonies in Missouri
Challenging the Evidence
In many criminal cases, the prosecution relies heavily on physical evidence or witness testimony. A strong defense may involve attacking the credibility or legality of that evidence. Common strategies include:
- Illegal Search and Seizure: If the evidence was obtained in violation of your Fourth Amendment rights, such as through a search without a warrant or probable cause, it may be thrown out.
- Chain of Custody Issues: Any mishandling of evidence during its collection, transfer, or storage could result in that evidence being deemed inadmissible in court.
- Challenging Witness Testimony: Cross-examining witnesses to expose inconsistencies or biases can weaken the prosecution’s case.
Alibi Defense
If you can prove that you were not at the scene of the crime when it occurred, this is a solid defense. This strategy usually involves providing evidence that you were elsewhere, such as surveillance footage, witness testimony, or receipts.
Self-Defense or Defense of Others
If the Class B felony charge involves a violent crime, such as assault or homicide, you may be able to argue that your actions were in self-defense or in defense of another person. Missouri law allows for the use of reasonable force to protect yourself or others from imminent harm.
To succeed with this defense, you’ll need to demonstrate that:
- The other person was the initial aggressor.
- You or other people were facing an immediate threat of harm.
- The force used was proportionate to the threat.
Lack of Intent or Mistaken Identity
For certain crimes, the prosecution must prove that you had the intent to commit the felony. If you can show that there was no intention, or that you were mistakenly identified as the perpetrator, it may lead to a reduction or dismissal of charges.
- Mistaken Identity: If there is no clear evidence linking you to the crime, such as if the crime was committed in a chaotic or poorly-lit environment, the defense may challenge the accuracy of witness identification.
- Lack of Intent: In some cases, such as those involving property crimes or drug offenses, the defense can argue that the defendant did not intend to commit the crime, weakening the prosecution’s case.
Plea Bargaining
In many felony cases, plea bargaining is a common strategy. This involves your criminal defense lawyer negotiating with the prosecution to reduce the charges or sentencing in exchange for a guilty plea to a lesser offense. For instance, a Class B felony charge could potentially be reduced to a Class C felony or even a misdemeanor, which carries a lighter sentence.
While this doesn’t completely absolve you of the crime, it can result in a less severe punishment with less of an impact on your future and freedoms.
Mental Health Defense
Missouri law allows for a mental health defense in cases where the defendant suffers from a mental illness that affected their ability to understand the nature of the crime or the legality of their actions. This defense may result in a reduced sentence or, in rare cases, an acquittal if the court finds that the defendant was not criminally responsible due to their mental state.
This type of defense typically requires expert testimony from psychologists or psychiatrists.
Entrapment
Entrapment occurs when law enforcement officers induce a person to commit a crime they otherwise would not have committed. If the police set up a situation that led to the crime, and you were not predisposed to commit it, you may be able to use entrapment as a defense. This can be particularly relevant in drug or conspiracy cases.
Insufficient Evidence
One of the most fundamental defenses in any criminal case is simply arguing that the prosecution has failed to meet its burden of proof. The state must prove your guilt “beyond a reasonable doubt.” If the defense can show that there is insufficient or conflicting evidence, the charges may be dropped or result in an acquittal.
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Facing Class B Felony Charges in Missouri? Call Combs Waterkotte
Being charged with a Class B felony in Missouri is a serious matter, but several defense strategies can be employed depending on the facts of your case. Hiring an experienced, driven, and aggressive criminal defense lawyer is your best chance to reduce the consequences a Class B felony charge has on your life.
If you are facing a Class B felony charge, contact us or call (314) 900-HELP for a free consultation to discuss your defense options and ensure your rights are protected.
