Affirmative Defense in Criminal Law: Definition, Examples, and More

Understanding the intricacies of affirmative defense is crucial for anyone navigating the legal landscape, particularly within criminal law. Affirmative defenses offer defendants a unique opportunity to introduce new evidence or facts that can potentially mitigate or absolve them from liability, despite the act being committed. This approach is a vital aspect of legal strategy and requires a clear grasp of both legal theory and practice.

Recently, a court case attracted attention involving a man charged with assaulting a judge. The defense team used the insanity defense, arguing that the defendant, who suffered from severe paranoid schizophrenia, was not guilty due to his alleged inability to understand the wrongfulness of his actions at the time.

If you are facing criminal charges of any kind, it is essential to speak with a qualified defense attorney who can assess your situation and determine whether an affirmative defense could be beneficial for your case.

The Defenders is a criminal defense firm based in Las Vegas that has a proven track record of successfully defending clients. Our experienced attorneys have a deep understanding of criminal law and can provide personalized legal counsel tailored to your case. If you or someone you know has been charged with a crime, contact The Defenders today for a free consultation.

Definition of Affirmative Defense

An affirmative defense in criminal law is a legal strategy that goes beyond simply denying the charges. It involves presenting additional facts or circumstances that could justify the defendant’s actions or mitigate their culpability. 

In criminal cases, an affirmative defense acknowledges that the defendant did commit the act in question but argues that there were mitigating circumstances or justifications for their behavior.

How Affirmative Defenses Work

Affirmative defenses operate by introducing new facts or legal arguments that, if proven, can negate criminal liability or reduce the severity of the charges. When our firm represents a client using an affirmative defense, we’re essentially saying, “Yes, the act may have occurred, but here’s why our client shouldn’t be held criminally responsible.”

For example, in a case of assault, a defendant might admit to using force against another person but argue that they did so in self-defense. This strategy acknowledges the act but provides a justification that, if accepted, could lead to acquittal.

It’s important to note that affirmative defenses must be raised in a timely manner. Failure to do so may result in the court considering the defense waived, potentially limiting the defendant’s options.

Burden of Proof in Affirmative Defenses

One of the most critical aspects of affirmative defenses is the shift in the burden of proof. In a typical criminal case, the prosecution has the responsibility to prove the defendant’s guilt beyond a reasonable doubt. However, when an affirmative defense is raised, the burden shifts to the defendant to prove the elements of their defense.

This shift doesn’t mean that the prosecution’s burden disappears. They still have to prove the elements of the crime beyond a reasonable doubt. However, the defendant now has the additional task of proving their affirmative defense.

The standard of proof for affirmative defenses is typically lower than the beyond a reasonable doubt standard used by the prosecution. In most cases, defendants need to prove their affirmative defense by a preponderance of the evidence. This means that the defense must show that it’s more likely than not that the affirmative defense applies.

This is a significantly lower burden of proof than the prosecution’s, but it can still be a challenging task for the defense to meet. This is why it’s crucial to work with an experienced criminal defense attorney who understands how to build and present a strong affirmative defense.

Common Examples of Affirmative Defense

When it comes to affirmative defenses in criminal law, several types are commonly used. These defenses allow defendants to present additional facts or circumstances that could justify their actions or mitigate their culpability.

Below are some of the most common examples of affirmative defenses often raised:

Self-Defense

Self-defense is one of the most well-known affirmative defenses. It applies when an individual reasonably believes that they or someone else is in imminent danger of death or grievous bodily harm.

To claim self-defense, the person must have used force that was proportionate to the threat they faced. For instance, if someone threatens you with a weapon, you may be justified in using force to protect yourself.

Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. This defense aims to protect individuals from overzealous police tactics.

For example, if an undercover officer persistently pressures someone to engage in illegal activity, it might be considered entrapment.

Insanity

The insanity defense is another significant affirmative defense. It argues that the defendant was not criminally responsible for their actions due to a severe mental illness or defect. The specific criteria for this defense can vary by jurisdiction, but generally, it requires proving that the defendant either did not understand the nature of their actions or could not distinguish right from wrong at the time of the offense.

Necessity

The necessity defense applies when a person commits a crime to prevent a greater harm from occurring. For this defense to be valid, the defendant must reasonably believe that breaking the law was necessary to avoid imminent and significant danger. Additionally, there must have been no legal alternative available.

A classic example involves a person who is speeding to transport a critically injured individual to the hospital. For instance, if someone is shot and the only way to get them immediate medical help is by driving at 100 MPH, the driver may argue that their reckless driving was necessary to save the victim’s life.

Duress

Duress is an affirmative defense that can be used when a person commits a crime because they were under immediate threat of death or serious bodily harm. To successfully claim duress, the defendant must show that they had a reasonable fear of the threat and no other option but to commit the crime. It’s important to note that duress is typically not allowed as a defense for murder charges in most jurisdictions.

Statute of Limitations

The statute of limitations is a legal time limit for bringing criminal charges. If the prosecution fails to file charges within this time frame, the defendant may use the statute of limitations as an affirmative defense.

These affirmative defenses are crucial tools in criminal law, offering defendants the opportunity to explain the circumstances surrounding their actions. However, the burden of proof often falls on the defendant to establish these defenses, making it essential to have skilled legal representation. 

What Doesn’t Count as Affirmative Defense

While affirmative defenses play a crucial role in criminal law, it’s equally important to understand what doesn’t qualify as an affirmative defense. At The Defenders, we often encounter misconceptions about what constitutes an affirmative defense. Let’s clarify some common misunderstandings.

Firstly, simply denying the charges or claiming innocence is not an affirmative defense. An affirmative defense doesn’t dispute the prosecution’s ability to establish the elements of the charged offense. Instead, it provides additional facts or circumstances that could justify the defendant’s actions or mitigate their culpability.

Secondly, procedural arguments, such as challenging the admissibility of evidence are not affirmative defenses. These are important legal tactics, but they don’t address the substance of the charges in the way that affirmative defenses do.

It is essential to understand that some situations, while they might appear to support an argument similar to an affirmative defense, are specifically regulated by other statutes and therefore do not meet the criteria for such a defense.

For example, consider the failure to pay child support under NRS 201.051. If an individual voluntarily chooses to remain unemployed or underemployed to avoid financial obligations, this action is not excused by an affirmative defense.

The Role of Affirmative Defenses in Criminal Proceedings

Affirmative defenses play a crucial role in criminal proceedings, offering defendants a chance to avoid liability even when the prosecution can prove the elements of the charged offense.

Remember, defendants in criminal cases do not need to prove their innocence; instead, the burden of proof lies with the prosecution. However, when an affirmative defense is raised, the defendant must provide some evidence supporting that defense for it to be considered by the court.

When to Raise an Affirmative Defense

Timing is critical when it comes to affirmative defenses. It’s essential to raise these defenses as early as possible in the legal process, preferably during the preliminary hearing.

Failing to do so may result in the court assuming you’ve waived your right to use this defense, potentially rejecting your request to use it later in the case.

Impact on Criminal Trials

Affirmative defenses can dramatically alter the course of a criminal trial.

Unlike traditional defenses that dispute the prosecution’s evidence, affirmative defenses often admit that the alleged act occurred but argue that there were justifiable or excusable reasons for its commission.

Potential Outcomes

Successfully raising an affirmative defense can lead to various outcomes. In some cases, it may result in a complete acquittal, even if the prosecution has proven all elements of the crime. In other instances, it might lead to reduced charges or mitigated sentences.

For example, a successful self-defense claim in an assault case could lead to an acquittal, as the defendant’s actions would be considered legally justified. Similarly, an insanity defense, if proven, might result in the defendant being found not guilty by reason of insanity, leading to mandatory mental health treatment rather than imprisonment.

Risks and Benefits

While affirmative defenses can be powerful tools, they also come with risks. By raising an affirmative defense, the defendant often admits to committing the act in question, which can be risky if the defense is unsuccessful. Additionally, focusing on an affirmative defense may take attention away from challenging the prosecutor’s evidence on the elements of the charged crime.

However, the benefits can be substantial. Affirmative defenses provide an opportunity for defendants to contextualize their actions and potentially avoid criminal liability even when the facts seem to be against them. They allow for a more nuanced approach to justice, recognizing that not all actions that meet the technical definition of a crime deserve punishment.

Facing Criminal Charges? Hire The Defenders

If you’re facing criminal charges, it’s essential to have skilled legal representation by your side. A criminal defense lawyer will apply their legal skills and years of courtroom experience to the specifics of your case.

The team at The Defenders is well-versed in the prosecution’s tactics and can help you counter them aggressively. In addition, our defense attorneys know the procedures, the courtroom personnel, the judges, the jury selection process and the loopholes. 

We understand that facing criminal charges can be overwhelming and scary, but we are here to support and guide you through the process. Our team will work tirelessly to investigate your case, gather evidence and build a strong defense strategy tailored to your unique circumstances.

If you are facing criminal charges, contact our office today to discuss your case for free.

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