Defenses to Criminal Charges

Getting arrested does not mean you will be convicted. The State must prove every part of the charge beyond a reasonable doubt. Your defense is about testing that proof, telling your side of the story, and using the law to protect your future. The Law Office of James E. Novak helps people across the Phoenix area build clear, practical defense strategies that fit their lives.

How Criminal Defenses Work

Most defenses fall into two groups. One group challenges the State’s evidence: who did it, what happened, how the police gathered proof, and whether the evidence is reliable. The other group—often called “justification” or “excuse” defenses—admits some facts but shows the law allows or excuses what happened. Either path can lead to a dismissal, a reduction, or a not-guilty verdict.

Think of your case as a puzzle. If even one piece is missing or does not fit, the State should not win. Our job is to find those weak spots and use them.

Justification and Excuse Defenses

These defenses can block a conviction when the facts support them:

• Self-defense and defense of others: You may use reasonable force if you reasonably believe it is needed right away to stop unlawful force. The level of force must match the threat.
• Defense of property or home: You can use limited force to prevent theft or an unlawful entry, as long as your response is proportionate.
• Duress: If someone forced you to commit a crime by threatening immediate serious harm, the law may excuse your actions.
• Necessity: In rare emergencies, breaking a law to avoid a greater harm may be justified—for example, driving on a suspended license to rush someone to urgent medical care when no safe option exists.
• Entrapment: When the idea for the crime came from law enforcement and you were not already willing to do it, the case may be barred.

These defenses rely on details: what you saw, what you felt, and what choices you had. Quick steps like saving texts, videos, or medical records can make a big difference.

Evidence and Procedure Defenses

You can also win by showing the State’s proof is weak or illegally obtained:

• Illegal stops, searches, and seizures: If police lacked reasonable suspicion or probable cause, or went beyond a warrant, the court can suppress evidence. Without it, the case may fall apart.
• Miranda and interrogation problems: Statements made during custody without proper warnings—or after you asked for a lawyer—may be excluded.
• Bad testing or devices: Breath machines, blood draws, drug tests, and forensic tools must follow strict rules. Calibration errors, chain-of-custody gaps, or contamination can make results unreliable.
• Mistaken identity: Stress, poor lighting, and suggestive lineups cause errors. Camera footage, phone data, or alibi witnesses can set the record straight.
• Not enough proof: If the State cannot prove each element—like intent in a theft case—the charge should be reduced or dismissed.

Charge-Specific Strategies

Different charges call for different tools:

• DUI: Challenge the stop, the field tests, the breath or blood results, and medical issues like reflux or diabetes that can affect readings.
• Assault and domestic violence: Focus on self-defense, mutual combat, or lack of intent. Independent witnesses, injury photos, and prior aggression by the accuser can help.
• Theft and fraud: Show no intent to permanently deprive, a good-faith claim of ownership, billing mistakes, or no material false statement.
• Drug offenses: Fight the search, knowledge, and control. Prove the substance was not yours or that the amount does not support “intent to sell.”
• Sex offenses: Consent, unreliable statements, digital timelines, and expert testimony on memory or suggestibility can be key.

How We Build Your Defense

A strong defense starts early. We move fast to collect records, preserve videos, talk to witnesses, and hire experts when needed. We study the stop, search, and seizure; test every legal element; and file motions to suppress or dismiss. You will always know your options—diversion, plea talks, or trial—and the pros and cons of each path.

Attorney James E. Novak is a former prosecutor. He understands how the State builds cases and how to pull them apart. Our approach is hands-on, realistic, and focused on results that protect your record and your future.

Talk to a Phoenix Criminal Defense Lawyer Today

Time matters. Evidence fades and deadlines pass. If you or a loved one is facing charges, get answers now. Call the Law Office of James E. Novak at (480) 413-1499 to schedule a confidential consultation. We will review the facts, explain your best defenses, and work to protect your rights, your freedom, and your good name.