Q: In a murder case- Defendant started out denying charges… now changing plea to self defense. Can this work?
Defendant is arrested for murder . In custody for over a year. Defendant plead not guilty to murder charges so far. Now defendant is changing plea to self defense . Does the original plea affect the new plea? Making the new plea less believable /credible?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Changing your plea from "not guilty" to claiming self-defense is a legally valid strategy and doesn't automatically harm your credibility in court. Many defendants initially deny charges while under stress or before fully consulting with their legal team about the best defense strategy.
Self-defense is actually a specific form of "not guilty" plea, where you acknowledge the act occurred but argue it was legally justified. Courts understand that defendants may need time to process events, gather evidence, and develop their defense strategy with their attorney. This kind of evolution in legal strategy is relatively common in criminal cases.
However, the prosecution may try to use your initial denials to challenge your credibility, so it's crucial to work closely with your defense attorney to explain why your understanding or presentation of events has changed. Your attorney can help prepare you for cross-examination questions about the change in your defense strategy and ensure your self-defense claim is presented consistently with any available evidence, witness testimony, and previous statements you've made to law enforcement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
