If you’re charged with a crime in Missouri, you have rights. One of those rights is to defend yourself in court. A criminal defense lawyer knows how to build a case to protect you. But how do they do it? Let’s look at the common defenses attorneys use in Missouri courts. These defenses could mean the difference between jail time and freedom.
1. I Didn’t Do It (Wrong Person)
One of the most used defenses is simple: you didn’t do the crime.
Mistaken identity happens a lot. Someone says they saw you, but they’re wrong. Maybe you look like the real criminal. Maybe the police used a bad photo lineup.
Defense attorneys show the jury where the mistake happened. They might use:
- Surveillance footage
- Alibi witnesses
- Phone location data
- Gaps in police reports
If your lawyer proves the wrong person got arrested, the case can fall apart.
2. I Was Somewhere Else (Alibi)
An alibi defense means you were not at the crime scene. You were somewhere else. You might have been at home, at work, or out with friends.
Good alibis need proof. That could be:
- Security camera timestamps
- Phone GPS history
- Work clock-in records
- Witness statements
An alibi doesn’t just say you might have been gone. It shows you were gone.
3. They Can’t Prove It (Lack of Evidence)
The state must prove you’re guilty “beyond a reasonable doubt.” If the proof is weak, you can win.
Your lawyer may argue:
- The police didn’t collect enough evidence.
- Witness stories don’t match.
- DNA or fingerprints are missing.
- The timeline doesn’t add up.
This defense doesn’t try to show what happened. It just shows what didn’t happen. If the state can’t prove it, you should not be found guilty.
4. I Did It, But I Had A Good Reason (Justification)
Of course, sometimes people do commit a crime, but for a good reason. The law allows it.
Some common situations in Missouri:
- Self-defense: You injured someone, but only because injuring you would have injured them.
- Defense of others: You defended someone.
- Necessity: You did the act because you were attempting to avoid a greater evil. Such as speeding to get someone to a hospital.
Your lawyer will try to prove that the act was unavoidable. That it was the lesser of two evils in evil circumstances.
5. The Police Broke The Rules (Illegal Search or Arrest)
Police must follow the law, too. If they don’t, the case may fall apart.
Your lawyer may argue:
- The police searched your house without a warrant.
- You were arrested without a reason.
- Your rights were not read to you (Miranda rights).
- The stop was based on race or profiling.
If the court agrees, any proof they found might not be allowed in court. This can lead to the charges being dropped.
6. I Was Forced (Duress)
If someone made you commit the crime by threatening you, that’s called duress. Missouri law may excuse your actions in some cases. Let’s say someone pointed a gun at you and said, “Rob that store or I’ll shoot you.” That’s duress.
It doesn’t work if:
- You had a safe way out.
- You joined the plan by choice.
Your lawyer needs to show that any normal person would feel forced to act the same way under threat.
7. I Was Not In My Right Mind (Insanity)
Missouri law allows for a not-guilty-by-reason-of-insanity defense. This means the person didn’t understand what they were doing or didn’t know it was wrong.
This defense is hard to win. It needs:
- A full mental health review
- Expert witnesses
- Medical records
If the court agrees, you won’t go to jail. But you may be placed in a treatment center until it’s safe.
8. The Crime Never Happened (Fabrication)
Sometimes, the whole story is made up. This can happen in domestic violence cases, assault claims, or theft reports.
Why would someone lie?
- To get back at someone
- To win child custody
- To avoid blame themselves
A defense attorney will search for:
- Motives to lie
- Messages that don’t match
- Witnesses who change their story
- False police reports
If the jury believes the claim is false, the case is over.
9. Entrapment (The Police Set It Up)
This is rare but can happen in drug or sex crime cases. Entrapment means the police pushed someone into breaking the law when they wouldn’t have done it otherwise.
It’s not entrapment if:
- You already planned to do it
- The officer just gave you a chance
It is entrapment if:
- You were pressured or tricked
- The crime was the officer’s idea
This is tough to prove but can be a strong defense in the right case.
10. I Took a Deal (Plea Bargain)
Sometimes the best defense is a deal. If the case is risky, your lawyer might talk to the prosecutor. You could get:
- Fewer charges
- Less jail time
- Probation instead of prison
A good deal can avoid the risk of a trial. Your lawyer will only suggest this if it helps you more than fighting in court.
Why Your Defense Matters
Every case is different. The best defense depends on:
- The crime you’re charged with
- What the police did or didn’t do
- What proof the state has
- Your past record
A skilled traffic defense lawyer in Kansas City knows how to pick the best plan. They’ll review every detail, every video, and every witness. Their goal is to protect your rights and keep you free.
FAQs
1. Can I use self-defense if I hit someone first?
Usually no. Missouri law says self-defense must be a reaction to a threat. If you started the fight, you may lose that defense—unless the other person then used deadly force and you had no choice.
2. What if the police didn’t read me my rights?
If you were under arrest and not read your rights before questioning, your answers may not be used in court. But the charges don’t just go away. A lawyer can help you fight to get those statements thrown out.
3. Is insanity an easy way to avoid jail in Missouri?
No. It’s one of the hardest defenses. You must prove serious mental illness. Even if you win, you could be held in a secure hospital for years—sometimes longer than a prison term.
4. Can I get a case dropped if there’s no evidence?
Yes, if there’s not enough proof, your lawyer can ask the judge to dismiss the case. But “no evidence” must mean no real proof. Just saying you didn’t do it isn’t enough.
5. What’s the best defense in a drug possession case in Missouri?
It depends. Some common ones are illegal search, wrong person, or lack of proof you knew the drugs were there. Your lawyer may also check if the lab test on the substance was valid.
Final Thoughts
Being charged with a crime is serious. But being charged doesn’t mean you’re guilty. Missouri defense attorneys know many ways to fight back. Whether it’s a mistake, a lie, or a bad arrest, a strong defense can protect your future. If you or someone you love is facing charges, talk to an experienced criminal defense lawyer in Kansas City right away. The sooner you start, the more time they have to build a strong case.