What Legal Strategies Can You Use in a Violent Crime Defense?

If you or a loved one faces an accusation of a violent crime near Belton, Missouri, you are likely under immense stress. You may be asking yourself, “How do I defend myself?” When the government comes after your freedom, it can feel like the weight of the world is on your shoulders.

We want you to know we understand the seriousness of your situation. Violent crime charges in Missouri, such as Assault, Armed Criminal Action, or Manslaughter, carry severe penalties. Because of this, building a precise and robust defense is not just important; it is essential. For our neighbors in Belton and throughout Cass County, navigating the criminal justice system, which often begins with an initial appearance at the Cass County Circuit Court in Harrisonville, requires a deep knowledge of Missouri law and procedure.

Our goal is to remove some of the stress by clearly explaining the fundamental legal strategies available in a violent crime defense under Missouri law.

The Foundation of a Criminal Defense Case

Before exploring specific defense strategies, we first focus on the state’s burden of proof. In every criminal case in Missouri, the prosecution must prove every element of the charged crime beyond a reasonable doubt. This high standard is the foundation of your defense. Our primary strategy is always to challenge whether the state can truly meet this standard.

Challenging the State’s Evidence and Procedures

A strong defense often begins by meticulously examining the evidence gathered by law enforcement, whether the Cass County Sheriff’s Office or the Belton Police Department. We focus on procedural missteps or factual errors that can weaken the prosecution’s case.

Motions to Suppress Evidence

One powerful tool is Motion to Suppress. We file this motion when we believe law enforcement obtained evidence illegally. For example, if police searched your car without probable cause or a warrant near major Belton corridors like I-49, any evidence they found may be inadmissible in court. If we successfully argue that the police violated your Fourth Amendment rights or your rights under the Missouri Constitution, the court must exclude the evidence. Excluding critical evidence can severely damage the prosecution’s case, sometimes leading to a dismissal of charges.

Challenging Witness Testimony

Eyewitness accounts can be flawed. We challenge the reliability and credibility of any witnesses the prosecution plans to use. This can involve questioning their ability to observe the events accurately, identifying inconsistencies in their statements, or revealing potential bias. In a violent crime case, the difference between a reasonable doubt and a conviction can hinge on the believability of a single witness.

Affirmative Defenses Under Missouri Law

In some cases, the facts show the accused did commit the act, but they did so with legal justification. These are known as affirmative defenses. When we use an affirmative defense, we are essentially saying, “Yes, this happened, but the law says my client was justified.”

The Stand Your Ground and Self-Defense Doctrine

The self-defense defense is the most common affirmative defense in violent crime cases, especially those involving assault or homicide. State law, under Missouri Revised Statutes §563.031, allows a person to use physical force upon another person when they reasonably believe such force is necessary to defend themselves or a third person from what they reasonably believe to be the use or imminent use of unlawful force.

Missouri is a “Stand Your Ground” state. This means that if you are in a location where you have a right to be, including your dwelling, residence, vehicle, or any private property you own or lease, you have no duty to retreat before using force if you reasonably believe it is necessary to protect yourself or another person against death, serious physical injury, or a forcible felony.

Proving Justification

For this defense to be successful, we must demonstrate a few key points:

• You reasonably believed you faced an imminent threat of unlawful force.
• You used a level of force that was proportional to the threat. You cannot use deadly force in response to a non-lethal threat, for example.
• You were not the initial aggressor, unless you completely withdrew from the conflict and the other person continued the fight.

Missouri law places the burden on the state to prove beyond a reasonable doubt that you did not act in lawful self-defense once we successfully raise the issue.

Defense of Necessity or Duress

Two other affirmative defenses are Necessity and Duress. These defenses argue that you broke the law only to prevent a greater, more imminent harm.

• Necessity: This applies when you commit a crime because of a perceived greater peril. You may use this defense if you believe that committing a minor crime was necessary to prevent an imminent public or private injury.
• Duress: This applies when another person coerces you to commit a crime using a threat of immediate death or serious physical injury. The threat must have been so great that a reasonable person would have felt compelled to act.

Navigating the Missouri Court System

The legal strategy also includes carefully navigating the criminal procedure. For serious felony charges in the Belton area, this process moves from the Cass County Associate Circuit Court to the Circuit Court Division.

The Preliminary Hearing

In Missouri felony cases, you have the right to a preliminary hearing unless a grand jury indictment takes its place. This hearing, held in the Associate Circuit Court, is not a full trial. Instead, the prosecution presents enough evidence to show the judge there is probable cause to believe a crime was committed, and you committed it.

We use the preliminary hearing as a crucial opportunity to:

• See the State’s Case, giving us a preview of the prosecution’s evidence.
• Cross-Examine Witnesses, challenging their credibility and spotting inconsistencies early on.
• Argue for Dismissal. If the state fails to meet the low probable cause standard, the judge must dismiss the charges, effectively ending the case right there.

Thorough preparation for this stage is a fundamental part of a high-end defense strategy.

Our Approach to Your Case

We understand that facing a violent crime charge is one of the most serious moments of your life. People hire us when they are in serious trouble and need help, knowing we offer a high-end, dedicated, and precision-focused defense, not a high-volume, rushed service. We bring a helpful, compassionate, and welcoming approach, working tirelessly to build the best defense possible for you.

When you call us, we will sit down with you to explore every detail of the case, from the Highway 71 traffic stop to the statements given to the police. We craft a defense strategy tailored precisely to the Missouri statutes and court procedures that apply to your unique situation.

Get the Peace of Mind You Deserve

If you are dealing with the stress of a violent crime charge in Belton or the surrounding area, remember that you do not have to face the state alone. We take pride in our commitment to protecting our clients’ rights, our deep experience in Missouri criminal law, and our ability to deliver real peace of mind in challenging situations. We fight tirelessly for your rights and freedom when the government accuses you of committing a violent crime without justification.

Take the first step toward building a strong defense and reducing your stress. Call us for a consultation today at 816-846-2219.