There are several ways for people facing criminal charges to respond. Most of the time, the main choice defendants have is to decide between pleading guilty or not guilty to the allegations against them. Those who assert their innocence have to take the matter to trial in most cases.
A successful defense requires a carefully planned strategy based on the allegations against the defendant and the state’s evidence. In some cases, there may be questions about whether the police identified the wrong person or how they arrived at a suspect using the evidence they gathered.
Other times, there may be very clear connections between the defendant and the alleged criminal incident. There might be multiple witnesses who can identify the defendant or video footage of what occurred. In such cases, the defense may need to take a different approach. They may choose to mount an affirmative defense in the hopes of exonerating the defendant and avoiding a conviction.
What is an affirmative defense?
In a traditional defense strategy, an attorney may try to create a reasonable doubt about someone’s involvement in a criminal matter or their intent. They may seek to exclude evidence from court, question how the state analyzed evidence or provide an alibi that raises questions.
An affirmative defense is a legal response asserting that conduct was not illegal by merit of unusual circumstances. Self-defense claims are a common type of affirmative defense. Someone who defended their home against invaders trying to burglarize the property could assert that they acted in self-defense to protect themselves, their family members and their property.
There are a variety of other affirmative defenses that people can develop in criminal court. Those defenses include claims of duress, incompetence or even temporary insanity. There are sometimes exculpatory factors that reduce a defendant’s criminal culpability for an incident. An affirmative defense essentially involves proving that a defendant engaged in behavior that could be illegal, but the circumstances surrounding the incident justify their actions.
Developing an affirmative defense is a common solution for those facing violent criminal charges. A discussion about the allegations and the state’s evidence can help people determine whether an affirmative defense might be a worthwhile undertaking given their circumstances.
