When most people think about criminal defense, they imagine going to trial, telling their story, and hoping the jury believes them. But in reality, defending a client in a criminal case is far more complex than simply sharing “your side of the story.”

At Just Criminal Law, Christina Williams and legal storytelling specialist David Mann break down the four main categories of defense strategies that attorneys use to protect their clients.

1. Factual Defenses

Factual defenses challenge whether the accused actually committed the crime. Common examples include:

• Alibi: Showing the defendant was somewhere else at the time of the crime. For example, if someone is accused of robbing a liquor store in Wyoming but records prove they were out of state, that evidence creates a solid alibi.

• Mistaken Identity: Challenging the accuracy of witness testimony. If a neighbor swears you were the driver in a hit-and-run, but evidence shows your brother was using your car, this defense points out the error in fact.

These defenses focus on what actually happened and whether the state has the right person.

2. Legal Defenses

Legal defenses focus on the intent and elements of the crime. In many cases, the state must prove not only that an act occurred, but also that it was done with criminal intent.

For example:

• First-Degree vs. Second-Degree Murder: If someone is accused of premeditated murder but the evidence shows the act happened in the “heat of passion” (such as walking in on a spouse’s affair), the charge could be reduced.

• Failure of Proof: If the state does not provide enough evidence to prove each element of a crime, the defense can move to dismiss before the case even reaches a jury.

3. Affirmative Defenses

Sometimes, a client admits to the act but has a legal justification. Common affirmative defenses include:

• Self-Defense: Using force to protect yourself, your family, or your property from harm.

• Necessity: Breaking the law to prevent a greater harm—for example, entering a stranger’s cabin in the mountains to avoid freezing to death.

Here, the defense doesn’t deny the action but argues it was justified under the circumstances.

4. Special Defenses (The “Catch-All” Bucket)

This final category covers unique situations that don’t fit neatly into the first three. Examples include:

• Consent: In certain sexual assault cases, the defense may argue that while intimacy occurred, it was consensual.

• Double Jeopardy: The Constitution protects individuals from being tried twice for the same offense. If the state tries to “take two bites at the apple,” this defense ensures the accused is not prosecuted unfairly.

Why You Need an Attorney

As Christina explains, defending a case is never as simple as telling your story. A strong defense requires strategic thinking, knowledge of the law, and the ability to challenge the prosecution on multiple fronts.