There are countless different defense strategies that criminal defendants can use to fight criminal charges. Many strategies involve proving that the defendant did not commit the crime. But, this is not the goal of an affirmative defense.
What is an Affirmative Defense?
A defendant who uses an affirmative defense is admitting that he was the one who committed the crime. However, this does not mean the defendant will plead guilty and accept the legal consequences of his actions. An affirmative defense involves introducing evidence that will prove that the defendant should not be held criminally liable even though he has admitted to committing the crime.
Examples of Affirmative Defense Strategies
Self-defense is one example of an affirmative defense strategy. In Colorado, the self-defense law says it is legal to use physical force if it is necessary to protect yourself or someone else. For example, let’s say you must hit someone in order to protect yourself from being hit. If you are charged with assault for hitting the person, you can use the self-defense strategy. By using this strategy, you are admitting you committed the crime, but introducing evidence that proves you should not be held criminally liable for it.
Entrapment is another type of affirmative defense strategy. Entrapment occurs when someone is persuaded to commit a crime by law enforcement officers. Defendants who use this strategy are not denying that they committed the crime, but rather arguing they should not be convicted for the crime because they were induced to commit it.
What to Expect When Using An Affirmative Defense
In cases involving an affirmative defense, the prosecution does not need to focus on proving that the defendant was the one who committed the crime. This is because the defendant is already admitting his involvement. Instead, the prosecution must focus on disproving the defendant’s evidence that negates criminal liability.
Consider the self-defense example mentioned above. In this scenario, the prosecution would not focus on proving the defendant committed the crime, but rather that the crime was not committed in self-defense. If the prosecution cannot disprove the self-defense claim, the defendant will not be convicted of this crime.
If you have been charged with a crime, contact Reisch Law Firm at once. Our criminal defense attorneys will review the details of your case to determine the best strategy to use to fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
