Being charged with a crime in Missouri can feel overwhelming—but it’s important to remember that a charge does not equal a conviction. Under Missouri law, several legal defenses may apply to your case depending on the facts, evidence, and circumstances.

I’m Chad Mann, an experienced criminal defense attorney based in Southwest Missouri. I’m here to break down the most commonly used and most effective defenses available to you when facing a criminal charge in our state.

1. Presumption of Innocence

Every person charged with a crime in Missouri—and throughout the United States—is presumed innocent until proven guilty. It is the prosecution’s responsibility to prove your guilt beyond a reasonable doubt. This foundational principle means that unless the state can fully support their claim with solid, legal evidence, you cannot be convicted.

A defense attorney’s job includes challenging weak or incomplete evidence to ensure that this standard is upheld.

2. Alibi Defense

An alibi defense asserts that you were somewhere else when the alleged crime occurred. If proven, it makes it impossible for you to be the perpetrator.

Effective alibi evidence may include:

  • Witness testimony (from friends, coworkers, family)

  • Security camera footage

  • Receipts, GPS records, or phone data showing your location

Providing this type of evidence early in the process can lead to reduced charges—or even dismissal.

3. Self-Defense

Missouri law allows individuals to protect themselves and others when facing an immediate threat of harm. Under the state’s “Stand Your Ground” law, you are not required to retreat if you are in a place you’re legally allowed to be.

To successfully use a self-defense argument, you must show:

  • A reasonable belief that force was necessary

  • An immediate threat of harm

  • Proportional response to that threat

In cases involving physical altercations or weapons charges, this defense can be pivotal.

4. Insanity Defense

Though difficult to prove, the insanity defense can be raised when a mental illness or defect rendered the defendant unable to understand their actions—or that what they did was wrong.

In Missouri, this defense follows the M’Naghten Rule, requiring that:

  • The defendant didn’t know the nature and quality of the act; or

  • The defendant didn’t understand the act was wrong due to a mental disease or defect

This defense often relies on psychiatric evaluations and expert testimony.

5. Duress

A duress defense argues that the defendant committed a crime only because they were forced to, often under threat of serious harm or death.

To be effective, you typically must show:

  • An immediate and credible threat

  • No reasonable opportunity to escape the threat

  • That your actions were directly caused by that threat

This defense is most often used in situations involving coercion or gang-related activity.

6. Entrapment

Entrapment occurs when law enforcement officers induce or encourage someone to commit a crime they wouldn’t have otherwise committed.

To use this defense, it must be shown that:

  • The idea to commit the crime came from the police

  • The defendant wasn’t predisposed to commit the crime

This defense is often raised in drug, theft, or sting operation cases, and success often hinges on evidence of communication between law enforcement and the accused.

7. Constitutional Violations

Your constitutional rights must be respected at every stage of the criminal process. If they are violated, certain evidence—or even the entire case—may be thrown out.

Common constitutional violations include:

  • Illegal search and seizure (Fourth Amendment)

  • Failure to read Miranda rights (Fifth Amendment)

  • Unlawful detention or denial of legal counsel (Sixth Amendment)

For example, if police searched your property without a warrant or proper cause, your attorney may file a motion to suppress that evidence—making it unusable in court.

Conclusion

No two criminal cases are the same, and there is no one-size-fits-all defense strategy. However, understanding your options under Missouri law is the first step toward building a strong legal defense.

As a Missouri defense attorney, I take pride in crafting strategic, customized defenses tailored to the facts of each client’s case. Whether you’re facing misdemeanor or felony charges, your rights deserve protection—and your voice deserves to be heard.

Need legal defense in Missouri?
Reach out to Chad Mann, Attorney at Law, for a confidential consultation and start building your strongest defense today.

Chad Mann

By admin

I’m a dedicated personal injury attorney based in the Ozarks of Southwest Missouri, committed to standing up for individuals who have been wronged or injured. Since 2017, I’ve focused my legal career on personal injury law—particularly automobile accidents and car crash cases—because I believe in fighting for those who are often overwhelmed by powerful insurance companies and complex legal systems.I graduated with high honors from the University of Arkansas William H. Bowen School of Law, where I had the privilege of serving as Chair of the Moot Court Board. That experience honed both my advocacy skills and my dedication to excellence in legal practice.Before opening my own law firm, I gained invaluable experience working closely with some of the largest insurance companies in the nation. That background now gives me an insider’s perspective on how insurance carriers operate—and I use that knowledge every day to level the playing field for my clients.

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