When the state brings criminal charges against an individual, the burden of proof is on the prosecutor. The state must prove beyond a reasonable doubt that an individual violated the law. Evidence ranging from eyewitness testimony and confessions to surveillance footage and forensic evidence such as genetic materials can help the state build a case against a defendant.
Frequently, defense strategies focus on proving that the prosecutor does not have sufficient proof based on evidentiary standards. To obtain a criminal conviction, a prosecutor must provide compelling evidence that a defendant broke a specific law.
Defense lawyers may raise questions about forensic testing or may provide an alibi for their clients. They may also bring in expert witnesses. Sometimes, they may decide to present an affirmative defense based on the strength of the state’s case.
What does an affirmative defense involve?
Many different behaviors are technically illegal, but there are a variety of circumstances that can limit an individual’s criminal culpability. For example, it is illegal to intentionally injure another person. The state can pursue assault charges against an individual who punches another person.
However, if a person strikes someone else out of fear for their own safety and a desire to flee a dangerous situation, they may not technically have violated the law. Self-defense is a common affirmative defense. By establishing that a defendant did not break the law prior to the incident or instigate the confrontation, a defense attorney can theoretically convince the courts that their client is not guilty by virtue of acting in self-defense.
There are a variety of other scenarios that may also allow for affirmative defenses. When people face direct threats of harm against themselves or their family members, they could assert that they acted while under duress. If another person drugged an individual, they might be able to raise claims of involuntary intoxication.
Mental health issues and incompetence are also potential affirmative defenses. Reviewing the evidence that the state has can help defendants determine whether they may be eligible for an affirmative defense strategy.
Many people facing criminal charges have at least a few options available to them if they hope to fight their charges. Those who discuss their situations at length and review the state’s case with a legal team may be able to determine the best defense strategy given their circumstances.
