What Violent Crimes Look Like From A Defense Perspective
How does a defense attorney approach a violent-crime case? By examining mental state, not just the act, explains Oakland attorney Darryl Stallworth—both are required to prove a case. A legitimate defense or provocation can reduce murder to manslaughter. His role is to surface the circumstances and state of mind, finding reasonable ground for a fair plea instead of trial.
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Answered by Darryl Stallworth · Oakland, CA
Highlights
Frequently Asked Questions
How does a defense attorney approach a violent crime?
By examining mental state, not just the act, since both are required to prove a case—he works to get prosecutors to weigh a client's mental state.
Why does provocation matter?
Because a legitimate defense or provocation can reduce murder to manslaughter—provocation matters even when it doesn't excuse the act, giving reasonable ground for a fair plea instead of trial.
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