Individuals accused of criminal activity may have several different ways to defend themselves. In some cases, they may have an alibi. Other times, there might be issues with the forensic evidence obtained by the state that an expert witness can highlight during a criminal trial.
There are also special circumstances that may lead to an affirmative defense strategy. State law recognizes the existence of unique circumstances that might make otherwise illegal activity theoretically lawful or that at least preclude the prosecution of the person involved.
When the state has a strong case connecting a defendant to an incident, an affirmative defense strategy could be one of the best options available for avoiding a conviction. How can defendants establish an affirmative defense?
Affirmative defenses depend on the details
A successful affirmative defense convinces the courts that circumstances made otherwise criminal conduct acceptable. For example, an individual accused of a violent crime might be able to convince the courts that they acted in self-defense.
State law permits people to use physical force to defend themselves, their property and other people. Extreme emotional stress in response to an unusual situation could give rise to claims of temporary incapacity. Long-term mental health challenges or brain injuries could raise questions about the mental state of the defendant. Threats compelling an individual to engage in criminal activity could allow their attorney to assert that they acted out of duress, not criminal intent.
Mounting an affirmative defense can be incredibly complex, as the process requires an understanding of not just state statutes but also prior judicial precedent. In a case involving a claim of self-defense, many details may impact the likelihood of success.
Whether the defendant has a prior criminal record, the relationship they had with the other party and even who instigated the confrontation can influence what happens during criminal proceedings. Defendants need help ensuring that they qualify for the type of affirmative defense they hope to present in court.
That being said, affirmative defense strategies are sometimes effective when there is no other reasonable way for an individual to respond to pending criminal charges. Reviewing the state’s evidence with a skilled legal team is often the first step toward the establishment of a reasonable criminal defense strategy. Affirmative defenses can help people exonerate themselves when accused of breaking the law under challenging and unusual circumstances.