The burden of proof during a criminal trial is on the prosecutor. They must have enough evidence to warrant bringing charges in the first place. They must then build a case that is strong enough to convince a jury beyond a reasonable doubt that the defendant committed a crime.
Frequently, defendants and their lawyers focus on raising reasonable doubts about a person’s involvement in a crime or what actually occurred. Occasionally, an attorney may recommend mounting an affirmative defense instead. In certain cases, affirmative defense strategies may be the best option available to those facing criminal charges.
How affirmative defense works
In a traditional defense strategy, a defense attorney tries to raise questions about what happened or to show that there’s a possibility that another person committed the crime. In an affirmative defense scenario, a defense attorney concedes that certain actions occurred, but they challenge the idea that they are illegal.
Affirmative defenses essentially aim to show that actions were lawful due to unusual circumstances. A person accused of a violent crime might claim that they acted in self-defense. The law allows people to use physical force to protect themselves, their property and other people, and proving that they acted in self-defense can result in an acquittal.
There are other circumstances, such as law enforcement entrapment, acting due to duress and a lack of mental capacity, that could also provide the basis for an affirmative defense. Defendants and their lawyers often select an affirmative defense when the prosecution has a strong case, but there is a reasonable, legal explanation for a person’s behavior.
Reviewing the state’s evidence with a criminal defense attorney can help people choose the best possible strategy. Affirmative defenses are one of several options available to criminal defendants who want to avoid convictions.