Criminal defense isn’t about finding a loophole or delivering a dramatic courtroom speech at the exact right moment. It’s about the facts, the evidence, and the law. 

A criminal charge doesn’t automatically mean your life is over. And a conviction isn’t a guarantee. At Intermountain Legal, our defense attorneys work to understand the facts, gather evidence, and determine the strategy most likely to protect our clients’ best interests. 

So, what is considered a criminal defense, and what defenses might apply in Utah? Here’s a quick breakdown.

What Is Considered a Criminal Defense?

A criminal defense is a legal reason (or argument) that challenges the charges against someone. It can show that the prosecution (those who are doing the accusing) doesn’t have enough evidence to prove its case or that there is a legal reason the defendant (the person being accused) shouldn’t be found guilty. 

For example, a defense might argue that the person acted in self-defense, was forced to act, made an honest mistake, or was wrongly accused.

Utah recognizes several types of criminal defense, including self-defense, entrapment, and compulsion. Which defense may apply to your case depends on the charges, the evidence, and the circumstances. 

What to Do: Understanding Five Potential Criminal Defenses

What are five defenses to criminal conduct? 

While the right defense depends entirely on the facts and charges involved, here are five examples that we think are worth knowing:

1. Self-Defense or Defense of Others

If you acted to protect yourself or someone else, your criminal defense attorney can examine whether a justification defense applies. 

2. Mistake of Fact

Honest mistakes happen. If you didn’t know an important fact or reasonably believed something that was/wasn’t true, it could affect whether you can be found guilty of a crime. 

3. Entrapment

Entrapment is another defense specifically recognized under Utah’s criminal responsibility statutes. It may be used when law enforcement pressures or encourages someone to commit a crime they otherwise would not have committed. 

4. Compulsion

Compulsion may be a defense when someone commits a crime because they were forced or threatened into doing it. 

5. Mental Condition

A mental condition may be a defense in some cases if it affected the person’s ability to understand their actions or form the intent required to commit the crime. This can include defenses such as insanity or diminished mental capacity. 

What Not to Do: Pick Your Own Defense and Run With It

Learning about common criminal defenses is helpful. Deciding which one applies to your case after a quick Google search? That’s where things get a little sticky. Criminal law isn’t simple.

When it comes to your criminal defense, you should avoid: 

• Destroying evidence
• Contacting witnesses to “get your stories straight” 
• Posting about your case on social media
• Assuming that explaining everything to investigators on your own will clear things up

Every criminal case is different, and small details can make a big difference. A text message, video, witness statement, or even the timing of an event could affect your defense. This is one situation where DIY is probably best left to a home improvement project.

Build the Right Defense for Your Situation

There is no universal “best” criminal defense in Utah. The right strategy depends on the charge, the evidence, what the prosecution can prove, and the specific circumstances surrounding the case. 

If you are facing criminal charges in Utah, getting an experienced criminal defense attorney involved early can help you understand your options and avoid decisions that could make things worse.

Intermountain Legal focuses on helping good people in bad situations. Our criminal defense lawyers handle serious criminal matters, including violent crimes and DUI defense, and develop strategies tailored to the facts of each case. If you’re looking for a good defense, contact Intermountain Legal to discuss your case today.