The Role Of Medical Evidence In Criminal Defense Cases
Medical evidence may play a central role in many Rockland County criminal cases. Many crimes revolve around physical harm of some kind, and the penalties often depend on the extent of this harm. Of course, the injuries of the victim are not the only factor to consider – and the defendant’s medical records may also become relevant. To discuss this subject in further detail, consider a consultation with an experienced New City criminal defense lawyer.
Determining Whether Victims Have Suffered Serious Bodily Injuries
Many offenses carry more severe penalties if the victims suffer serious bodily injuries. One example is a DUI accident, which can trigger enhanced consequences if anyone becomes seriously injured. In addition, assault and violent crime consequences generally become worse if the victim is seriously harmed.
It may be difficult to determine the true extent of a victim’s injuries. According to the New Jersey Courts, a serious injury in the context of an auto crash involves “substantial risk of death,” permanent disfigurement,” or some kind of permanent disability.
Determining Whether You Acted in Self-Defense
Your own medical records could become relevant as the court attempts to determine whether you acted in self-defense. For example, you might have been accused of killing someone. But if you suffer injuries that suggest you were fighting for your life at the time, you could potentially argue that you were acting in self-defense. Medical reports may confirm that you were shot or stabbed shortly before the fatal incident.
Psychological Evidence for an Insanity Plea
In addition, defendants may need to undergo psychological evaluation to determine whether an insanity plea is possible. A qualified, neutral psychologist may need to evaluate the defendant, and their conclusions could help the court understand the nature of the mental health concerns in question.
In many cases, prosecutors and the defense counsel use two different psychologists for these evaluations. Both of these psychologists may come to completely different conclusions, and cross-examination may prove crucial.
Understanding the “Risk of Death”
Medical experts may need to testify about the “risk of death” associated with the defendant’s behavior. This could be crucial in determining whether the defendant’s actions were criminally reckless, and this is an important question when approaching crimes like death by auto. For example, a medical expert may testify that even though a driver was acting in a reckless manner, there was no substantial risk of death from a medical perspective.
Find an Experienced Defense Attorney in Rockland County
An experienced New City criminal defense lawyer may be able to help you use medical evidence effectively during your trial. That being said, the exact role of medical evidence depends entirely on your unique circumstances. Online research only gets you so far, and an attorney could offer more personalized guidance during a consultation. Contact Phillip J. Murphy, Attorney at Law today to get started with a defense plan.
Sources:
njcourts.gov/sites/default/files/charges/assault16.pdf
njcourts.gov/sites/default/files/charges/crimmis2.pdf
