More Unusual And Atypical Criminal Defenses And How They Affect The Outcome Of Criminal Cases

In criminal cases, the criminal prosecutor will charge a person with a crime, and pursue the lawsuit against that person until or when the defense lawyer can prove that the accused did not do the crime and does not deserve punishment. To defend the accused, any manner of defenses may be used. If you are charged with a crime, and things look grim, here are a few of the more unusual defenses your criminal defense attorney may be able to use in your case in order to free you.

Impossibility Defense

This defense was made famous in the O.J. Simpson case. His lawyer argued that it was impossible for his client to commit the crime because one piece of evidence, the murderer's glove, did not fit. Because the glove did not fit the accused could not possibly have committed the crime, which was the whole argument. Perhaps there is something out of place in your case that would make the crime an impossible thing for you. This could be an impossible stretch of time between the crime scene and where you were spotted beforehand or after the crime was committed, or that you could not manage the weapon involved because of a physical defect. Those are just examples, but an impossible​ factor is one that could get you acquitted because it creates reasonable doubt. 

​Mistake of Fact

This is a defense that allows you to declare that you made a mistake, but not just any mistake or a simple mistake because that kind of simple defense would not release anyone. The claim of a mistake must coincide with the fact that you believed something to be true first, and you acted second. For example, if you believed that your child was being molested by someone close to you, and you had some proof that something awful happened to your child, and you killed the person you thought responsible, that is a crime based on mistake of fact. You may be charged with a lesser crime and sentenced with a lesser sentence, or you may be acquitted on the matter. 

​Developmental Disorder

If you have a slightly lower than average I.Q., or you have a developmental disorder such as autism or Asperger's, this may work in your defense as well. Many high-functioning people with slight deficits in intellect or who lack social awareness skills have been charged with crimes in the last decade. Because they are not able to fully comprehend their crimes, they may be excused from the crimes or receive the same treatment as those claiming to have a mental defect. If this applies to you, your lawyer can use this defense.