People accused of crimes often want to exonerate themselves. They aspire to prove that they did not break the law. They can achieve this goal by partnering with a criminal defense attorney. Lawyers can help them evaluate the state’s evidence and develop a strategy to use during a criminal trial.
Frequently, the priority when developing a defense strategy is to establish a reasonable doubt. Defendants want to convince the courts that another person may have committed the crime or that no crime actually occurred. In some cases, they instead work with an attorney to develop an affirmative defense. When is this secondary strategy the better option?
When there are unusual circumstances
Affirmative defenses are only possible in special situations. The defendant must show that unique factors converted what could be unlawful conduct into legal behavior. They agree that they engaged in certain conduct while simultaneously trying to show that their actions were not illegal.
Claiming to have acted in self-defense when accused of a violent crime is an example of an affirmative defense. People have a right to protect themselves, others and even private property using force if necessary.
Affirmative defenses are also possible in scenarios where people acted due to duress, possibly because of threats against their safety or their family. A lack of capacity, either due to developmental disabilities, mental health disorders or temporary emotional dysregulation, can also be part of an affirmative defense strategy.
People often develop affirmative defense strategies in cases where the state has strong evidence connecting them to an incident, but where there are also special circumstances. Reviewing the state’s evidence can be the first step toward the creation of a workable criminal defense strategy. An affirmative defense can potentially help a defendant avoid a criminal conviction.