Proven Entrapment Defense Strategies for Criminal Cases
You find yourself facing criminal charges, a situation you never anticipated. The weight of the justice system feels overwhelming, and terms like “entrapment defense” swirl around in your mind, leaving you with more questions than answers. It’s a term you’ve heard whispered in hushed tones, a possible lifeline in a sea of legal jargon. This feeling of uncertainty, knowing where to turn, is completely understandable. You’ll learn what constitutes an entrapment defense, how it functions within the legal system, and what steps you need to take if you believe you have been unjustly targeted. Don’t hesitate to reach out to Brennan Law offices if you are in need of a criminal defense attorney in Philadelphia.
Demystifying the Entrapment Defense
The entrapment defense arises when someone is accused of a crime they wouldn’t have committed. But what does that really mean? Imagine this: you’re walking down the street when someone approaches you, offering to sell you stolen goods.
Now, imagine the same scenario, but this time, the person persistently pressures you, even after you’ve refused multiple times. They might suggest you’re not “brave” enough or offer a ridiculously low price. This is the crux of entrapment – law enforcement or those acting for them provide the motivation and means for the crime, pushing you into a corner where you feel pressured to commit an act you otherwise wouldn’t.
The Legal Framework
Pennsylvania Criminal Code § 313 provides the legal groundwork for the entrapment defense. This law states that if law enforcement, or someone working with them, creates a situation where someone feels compelled to commit a crime they weren’t predisposed to commit, then that can be used as a legal defense.
Two key factors are central to a successful entrapment defense. First, you must prove that law enforcement or an associate induced you to commit the crime, meaning they planted the idea and provided the opportunity. Second, you must demonstrate a lack of predisposition to commit the crime.
Simply put, would you have committed the crime had law enforcement not intervened? If the answer is no, you may have a viable entrapment defense.
Subtleties and Variations of the Entrapment Defense
Two types of entrapment defenses exist: subjective and objective. The subjective approach considers the defendant’s predisposition to commit the crime. The objective approach centers on the government’s conduct in inducing the crime, focusing on whether their tactics were overly aggressive or would have induced a law-abiding citizen to commit a crime.
However, there’s a crucial exception – bodily harm. Even if entrapment occurs and can be proven, if you inflict bodily harm on another individual during the crime (other than the law enforcement officer involved), the entrapment defense will not lead to an acquittal. This exception highlights the seriousness of physical violence, even within the complex scenarios where entrapment comes into play.
Navigating the Entrapment Defense
If you think you might have an entrapment defense, finding a qualified attorney experienced in this complex area of the law is crucial. A skilled criminal defense lawyer in Philadelphia can help gather the necessary evidence to support your case. They’ll know how to effectively challenge the prosecution’s narrative and present a strong argument on your behalf.
Keep in mind, claiming entrapment defense puts the burden of proof on you, meaning your lawyer must convincingly demonstrate your lack of predisposition for the crime in question.
Navigating accusations and the legal complexities surrounding “entrapment defense” requires a strategic and knowledgeable approach.