An affirmative defense allows defendants to acknowledge certain facts about the charge they’re facing but argue that they have a legal reason or justification for their actions. Understanding this type of defense can make a real difference in a case because it lets defendants explain the circumstances behind their conduct.
By raising an affirmative defense, individuals can show they had a lawful basis for what happened, which may protect them from a criminal conviction.
Common Affirmative Defenses
Several defenses can help a defendant explain their actions and attain an acquittal or show they should not be prosecuted at all. Below are some of the most common affirmative defenses used in criminal law:
Entrapment
Entrapment happens when law enforcement convinces or pressures someone into committing a crime they would not ordinarily commit. The focus is on whether the defendant was already willing to commit the crime or was pressured or persuaded to engage in that behavior.
If the government is found to have created the criminal act through excessive pressure or trickery, a court may decide the defendant is not guilty.
Insanity
An insanity defense argues that the defendant was suffering from a mental condition at the time of the offense, making it impossible to understand the nature or wrongfulness of their actions. Successful use of this defense can lead to commitment to a mental health facility rather than a prison.
Courts look at medical records, testimony from experts, and other evidence to determine if the defendant lacked the capacity to comprehend or control their behavior.
Necessity
Necessity applies when a person commits a crime to avoid a danger greater than the crime itself. This might occur if someone needed to break a law to prevent significant harm to themselves or others. Defendants must show they had no other way to avoid the threat and that their actions were reasonable given the situation.
Self-Defense
Self-defense is used as an affirmative defense when you’re charged with a violent crime and need to argue that you had to use force to protect yourself from harm. The amount of force must be proportional to the perceived threat, and the danger must be imminent. Evidence often involves eyewitness accounts, medical records, video footage, and more.
Statute of Limitations
This defense argues that too much time has passed since the crime was committed for the case to be prosecuted. Different crimes have different deadlines, and the clock usually starts running when the offense happens. If the statute of limitations has expired, the court will likely dismiss the case.
Mistake of Fact
A mistake of fact defense claims the defendant misunderstood or did not know a true fact, which caused them to act unlawfully. This could be something like accidentally taking the wrong suitcase at the airport, thinking it was their own, and then ending up being charged with theft.
If the mistake is honest and reasonable, it may erase the intent needed to be convicted of the crime.
Duress
Duress occurs when a person is forced or threatened into committing a crime against their will. To use this defense, defendants must show that the threat was immediate and could not be escaped or avoided. The pressure must be strong enough to overcome a person’s normal ability to choose a lawful path.
If you think one or more of these defenses may apply to your case, speak with an attorney as soon as possible.
Burden of Proof for Affirmative Defenses
When you raise an affirmative defense, you usually have to prove it by a “preponderance of the evidence.” This means showing that it is more likely true than not. This standard is lower than “beyond a reasonable doubt,” so it can be easier for defendants to meet.
However, it still requires enough proof to convince the judge or jury that the defense probably applies. A successful showing at this level can keep you from being found guilty of the charge.
Advantages and Disadvantages of Raising an Affirmative Defense
Using an affirmative defense can help defendants present a clear story of what happened, though it also comes with certain drawbacks. Below are some common advantages and disadvantages to consider:
Advantages
By introducing an affirmative defense, you can show the court that you had a valid reason for your actions. It allows you to explain the circumstances behind your alleged wrongdoing. This can offer the judge or jury a different perspective on events that might otherwise seem cut and dry.
Disadvantages
With an affirmative defense, you take on the responsibility of proving your claim. In some cases, this added pressure could make your defense more difficult.
Additionally, even if you have a strong defense, revealing information about your actions might open you up to more questions or scrutiny. It takes away your ability to argue that you didn’t do what you’re accused of doing or that the prosecutor hasn’t proven it. This risk may discourage some defendants from using an affirmative defense.
Contact a San Jose Criminal Defense Attorney Today
The best way to determine if an affirmative defense is the right strategy for you is to speak with a lawyer as soon as possible. Contact Ahmed & Sukaram, Criminal Defense Attorneys today at (408) 217-8818 to schedule a free consultation with a trusted San Jose criminal defense lawyer.