Those hoping to fight pending criminal charges must respond appropriately in criminal court. They likely need to retain the services of a criminal defense attorney to explore their options for avoiding a criminal conviction. There are multiple kinds of defense strategies that can help defendants in different circumstances.
Traditional criminal defense strategies are often straightforward. Defense attorneys present an alternate narrative or even present evidence showing that another person may have committed the crime. They may bring in expert witnesses to reinterpret or question the state’s evidence. The goal is to raise a reasonable doubt about whether the defendant broke the law.
Occasionally, the state has relatively strong evidence. There could be a confession or video footage that directly ties the defendant to the alleged criminal incident. In such cases, an affirmative defense strategy might be more effective than raising questions about whether the defendant engaged in certain actions. An affirmative defense involves providing context for actions that could be a crime in certain circumstances. It can be a useful tactic in certain circumstances.
Self-defense claims are an affirmative defense
When people talk about affirmative defense strategies, self-defense claims are often what they reference. State law permits people to use physical force, including lethal force, in cases where their safety or the safety of others is at risk.
What could constitute assault or even homicide could be justifiable self-defense in the right scenario. Acts of interpersonal violence that could be criminal in some cases may not be if a person incredibly feared for their own safety or acted to protect another person.
There are other extenuating circumstances that could also give rise to affirmative defenses. Perhaps an individual lacked the mental capacity to understand the consequences of their actions in the moment. Both temporary insanity and a long-term lack of capacity based on mental health or developmental issues could provide the basis for an affirmative defense.
Those who act out of fear for their safety due to threats from others could raise an affirmative defense based on claims of duress. Entrapment by law enforcement officers could also give rise to an affirmative defense strategy.
Discussing unusual circumstances that may have led to criminal charges with a skilled legal team can help people evaluate different defense strategies. When unusual circumstances may mitigate a defendant’s criminal culpability, an affirmative defense could be an option.
