DEFENSES


SHORSTEIN, LASNETSKI, & GIHON
defends citizens in criminal court

The Jacksonville criminal defense attorneys of Shorstein, Lasnetski, & Gihon have experience with many different defenses available in Florida criminal courts.  There are many aspects to defending a criminal case, but there are some common defenses that clients often have questions about.  We've outlined some of the more common defenses used below.  These defenses are often used in conjunction with each other to both defend against the case and as leverage in the negotiation process.  If you have a pending criminal case or are under investigation, call our experienced criminal lawyers for a free consultation and ask us what defenses may be available in your case.  

What if the crime happened a long time ago?  Can they still charge me with it?  

The short answer is yes.  However, you may have a statute of limitations defense.  A statute of limitations defense is just that - a defense.  That means that you have to file a motion to dismiss based on the statute of limitations.  Law enforcement can arrest you, the prosecutor can file formal charges and you could be convicted of the crime, even if the statute of limitations has run, if you never file a motion to dismiss based on the statute of limitations.  There are different time periods for different crimes.  For example, there is no statute of limitations for murder.  A good rule of thumb is that the more serious the crime, the longer the statute of limitations is.  There are other exceptions to the statute of limitations as well.  For example, if you moved out the of state, the statute of limitations may be tolled for a certain period of time.  This means that the time period that law enforcement has to bring charges against you freezes for a period of time.  Unfortunately, a statute of limitations defense isn't usually as easy as the time period running and the case getting dismissed because of tolling provisions, discovery of the crime provisions, and other exceptions.  If you think there may be a statute of limitations defense in your case, call one of our experienced criminal defense lawyers to discuss it.   You can also read more about the statute of limitations by clicking on the link below.  

They can't charge me with a crime if I was defending myself, right?  

Yes they can.  They can almost always charge you with a crime.  The question is whether they can convict you of a crime.  Self defense cases are some of the most litigated cases that appear in criminal court.  Reasonable people can disagree on whether an act was truly self defense or whether it was an act of aggression or otherwise unwarranted.  These are difficult cases that usually involve the prosecutor and defense attorney sparring over each fact to gain leverage in the case.  Body language, words spoken, tone, prior interactions between the person charged and the listed victim all will be poured over and argued throughout the pendency of the case.  It is important to hire a criminal defense attorney who is going to thoroughly investigate the facts of your case and will uncover each and every positive fact for you.  That attorney can do this through interviews, depositions, private investigators, social media research, and by using other tools to craft a defense that is most helpful to your cause.  The criminal defense attorney should use the fruits of that labor to leverage negotiations with the prosecutor, to try to convince the prosecutor to drop the charges, to file a motion to dismiss, and ultimately, as a last result, to convince a jury that you are not guilty by reason of justifiable use of force.   Call our experienced criminal defense lawyers to discuss the viability of self defense in your particular case.  

Please click on a link below to read more about possible defenses in a criminal case.

COMMON DEFENSES TO CRIMINAL CHARGES

If you or a loved one is charged with a criminal offense and you would like to talk about possible
Defenses
,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
 
or

407-228-2019
(Orlando). 

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