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.
