People facing criminal charges have many options. They can plead guilty. They can retain an attorney to help them negotiate a plea bargain or mount a defense at trial.
Defense strategies can range from identifying an alternate suspect to preventing the prosecutor from using certain evidence during the trial. The situation leading to criminal charges and the evidence the state has collected can both influence the best defense strategy to employ. For defendants in certain scenarios, developing an affirmative defense strategy might be the best option.
What is an affirmative defense?
An affirmative defense is a legal strategy that focuses on circumstances and legal technicalities. The attorney representing the defendant tries to convince the courts that mitigating circumstances limit the defendant’s criminal capability.
Self-defense claims are among the most common affirmative defense strategies. State law extends the right to use physical force to defend oneself when facing the threat of violence. Instead of claiming that the defendant didn’t cause injury to another, the defense attempts to reframe the situation and show that the use of force was lawful and appropriate, not a criminal act.
Provided that the situation meets certain specific standards, people facing homicide charges and other allegations of violent criminal activity could avoid a conviction by showing that they acted to defend themselves rather than with the intention of harming another person. Factors including the conduct of both parties and the amount of force used determine what rules apply to self-defense claims.
Affirmative defense strategies might also relate to the mental state of the defendant at the time of an incident. People can argue that they acted out of necessity, such as refusing to stop for police vehicles when transporting a loved one to the hospital during an active medical emergency. Affirmative defenses often seek to change how people view the situation instead of challenging the basic facts of what happened.
There are a variety of different scenarios in which an affirmative defense strategy could work. Particularly in scenarios where extenuating circumstances combine with strong state evidence, mounting an affirmative defense might be the best option available. Reviewing pending criminal charges with a skilled legal team can help defendants choose the right response.
