Top-rated criminal defense lawyer Brian Smith, owner of Brian J. Smith Criminal Defense Attorney in Las Vegas, NV, outlines crucial factors needed in a self-defense case. For more information please visit https://bjsmithcriminaldefense.com
Las Vegas, NV, United States – August 27, 2020 /MM-REB/ —
In a recent interview, top-rated criminal defense attorney Brian Smith, owner of Brian J. Smith Criminal Defense Attorney in Las Vegas, NV, revealed crucial factors needed in a self-defense case.
For more information please visit https://bjsmithcriminaldefense.com
When asked for a comment, he said, “The three most important things for a self-defense case are preparation, preparation, and preparation, which many people underestimate. Here are these most important aspects in gearing up for a self-defense case.”
One vital factor is obtaining the physical evidence to justify the type of force used in an incident.
“If someone throws a punch at you, that does not give you the right to pull out a firearm and shoot them. The level of force used to protect yourself has to be appropriate from the standpoint of a reasonable person,” he said.
Physical evidence is also essential in corroborating a story for a self-defense case.
“The physical evidence needed varies widely on a case-by-case basis. If there’s a firearm involved, then you’ll want to have the ballistic evidence to back up your story. While the physical evidence may not always corroborate the defense you’ve raised, it’s better to have it than not,” Smith commented.
When asked for an example, he said, “In a life and death struggle over a handgun, our client shot his roommate in the face. The prosecution had a theory that they were standing 10 feet apart and that my client pulled out a gun and shot the guy. The ballistic evidence showed where the bullets landed, disproving the prosecution’s theory. The evidence showed that a number of shots were fired and most of them landed in the ceiling of the room where the shooting took place. This was consistent with our theory that our client had been knocked to the ground and in the struggle over the handgun he was on his back firing upwards at his roommate.”
In a self-defense case, the defense attorney’s job is to persuade the jury, while the prosecutor has the burden of proof beyond a reasonable doubt.
“What makes self-defense interesting is that once you raise it and say that the amount of force used was appropriate under the circumstances, the prosecution has to prove beyond a reasonable doubt that the defendant was not acting in self-defense,” Smith said.
It’s important to adequately prepare a defendant before a trial to ensure they create a good connection with the jury.
“I cannot stress how important it is for the client to be able to connect with the jury. During preparation, you’ll want to ensure that the prosecution will not be able to push your client’s buttons. If a client all of a sudden has an outbreak of anger and frustration, then they’ll lose the jury’s sympathy.”
Because there are so many variables in a self-defense case, it’s necessary to allow for a certain degree of flexibility when dealing with a trial.
“Each case differs, and as defense attorneys, we have to adapt accordingly. Jury trials are very fluid and depend upon a lot of things such as what comes up during the trial, what kind of testimony is given, what kind of impression a client makes on the jury, as well as what kind of impression the so-called victim makes on the jury,” he commented.
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Contact Info:
Name: Brian J. Smith
Email: Send Email
Organization: Brian J. Smith Criminal Defense Attorney
Address: 520 S 4th St Ste 340, Las Vegas, NV 89101
Phone: (702) 380-8248
Website: https://bjsmithcriminaldefense.com
Source: MM-REB
Release ID: 88974400