Factual Defense vs Legal Defense

When it comes to a criminal case, you want your defense team to be as knowledgeable as possible. No detail should be overlooked—in fact, information you omit, forget, or decline to share might be the key ingredient to building a truly robust case.



The more information you share with your legal team, the better for them (and you) to develop a strong defense case.

There are two defenses when it comes to criminal charges: factual defense and legal defense.

Factual Defense

A factual defense comes into play when the prosecution hasn’t provided enough evidence to meet the burden of proof, or when the defendant has an alibi. An alibi establishes that you were elsewhere at the time of the crime, and therefore logically can’t be culpable.

A solid alibi may be in the form of store receipts, security or video footage, or the presence of at least one witness. With the advancements we have in technology, something as simple as a post to social media could be the factor that makes or breaks your case.

Legal Defense

A legal defense is one built upon the defendant’s legal rights, which may include self-protection, Constitutional rights, and other circumstances.

For instance, under Missouri law, a person can use force to defend themselves if they believe someone else is or about to use force upon them. The three elements of self-defense include imminent threat, reasonable fear, and proportionate force.

Illegal search and seizure occur when law enforcement acts without a search warrant or probable cause that evidence of a crime is present.

Entrapment occurs when an individual is coerced into committing a crime, they wouldn’t have ordinarily committed due to harassment or threats made by law enforcement.

These are all examples of how a legal defense may be built by your defense team. If you would like to consult with one of our attorneys about your criminal case, please contact the office at Hosmer, King and Royce.