People accused of criminal offenses often want to fight back in court. They don’t want to plead guilty but rather intend to prove that they did not break the law. To prevent a conviction, defendants typically need help developing a strategy for court.
Every criminal charge requires a unique defense strategy. Criminal defense attorneys may challenge the inclusion of certain evidence or bring in expert witnesses. Alibis or alternate suspects can also play important roles in criminal defense strategies. Usually, the goal is to establish a reasonable doubt about whether or not someone broke the law.
In some cases, the plan may be to establish an affirmative defense rather than questioning an individual’s participation in criminal activity. Doing so could help a defendant avoid a conviction.
What is an affirmative defense?
Affirmative defenses do not seek to deny an individual’s involvement in certain activities or incidents. Instead, the goal of the strategy is to challenge the story about the criminal issue. Claims of acting in self-defense when accused of violent conduct are a type of affirmative defense.
The goal is to highlight details that may serve as exculpatory factors when accused of criminal activity. Affirmative defenses highlight extenuating circumstances that limited people’s options or directly influenced their conduct.
Mental health, threats against others and perceived personal risk can all contribute to affirmative defenses. Defendants facing charges backed by strong evidence may sometimes want to explore affirmative defense strategies as an option.
People accused of domestic violence or assault may want to consider mounting an affirmative defense. Changing the story around a criminal charge can help some people avoid criminal convictions.
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