26 Dec What Is an Affirmative Defense?
When a lawyer uses an affirmative defense, they argue that the defendant’s guilty plea should be lesser or non-existent due to the extenuating circumstances. Even though the defendant admits their role in the crime, because of the situation they should not be held responsible for the outcome of their actions.
There are several different types of affirmative defenses in criminal cases. You’re probably most familiar with the argument of acting in self-defense, but in situations like stopping a crime in progress, coercion, or entrapment, an affirmative defense can also apply.
How an Affirmative Defense Works
Unlike other types of defenses that concentrate on proving that the defendant is innocent, an affirmative defense involves a guilty plea. In an affirmative defense, the defendant does not deny that the crime took place, only that they are not responsible for the outcome of the crime. This could be due to diminished capacity, self-defense, or a mistake of fact. This helps the defendant because it gives a reasonable justification for the illegal actions.
There are several possible outcomes for an affirmative defense:
- The charges may be dismissed.
- Probation can be offered instead of jail or prison time.
- The defendant may be sent to a rehabilitation facility.
- Jail or prison sentences may be reduced.
Eight Types of Affirmative Defenses
1: Self-Defense
This is the most common type of affirmative defense in Arizona. It applies when the defendant used force, either lethal (with a weapon) or non-lethal, against a threat to their personal safety.
2: Defense of Others
The defendant claims they committed a crime to stop another person from being harmed.
3: Stopping a Crime in Progress
The defendant committed a minor crime in order to stop another, greater crime from taking place.
4: Duress
Because of the threat of physical violence to themself or others, the defendant was forced to commit the crime.
5: Diminished Capacity
A person could have a diminished capacity if they are mentally handicapped or under the influence of a legal prescription drug.
6: Consent
Often used in cases of sexual misconduct, this is when the defendant claims they had consent from the victim.
7: Mistake of Fact
This defense acknowledges that the defendant committed the crime, but only because they were under the impression that they were doing the right thing.
8: Entrapment
The defendant was coerced into committing a criminal act by a law enforcement officer or government official.
If You Are Facing Criminal Charges, You Need a Lawyer
Mounting a defense for a criminal case is a complicated process. It involves specific knowledge of the law, a strong understanding of how evidence affects a case, and proven track record to win. Only a certified criminal defense attorney like Todd Coolidge can help you secure the best possible outcome for your case.
Todd Coolidge has over 25 years of experience defending cases in the Arizona criminal justice system. He believes in a personal touch, meaning your case is never foisted off and forgotten about. If you have been charged with a crime, you need a good lawyer. Contact us today to schedule a consultation.
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