What is an Affirmative Defense?
Whether you are facing criminal charges for a white-collar offense under state or federal law, or you are facing charges for a violent offense involving a firearm or a serious drug offense, it will be extremely important to work with a criminal defense lawyer to determine what type of defense strategy is best-suited to your case. There are many different kinds of defense strategies, and the best strategy for your case will depend not only on the specific charges you are facing and the elements of the offense, but on the circumstances surrounding your arrest. In some criminal cases, a category of defenses known as “affirmative” defenses could apply.
What is an affirmative defense, and how does this type of defense work? Consider the following information from our criminal defense lawyers in Tampa.
Understanding Affirmative Defenses
What is an affirmative defense? According to the Cornell Law School Legal Information Institute, an affirmative defense refers to “a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability . . . even if it is proven that the defendant committed the alleged acts.”
In other words, an affirmative defense is one in which the person facing charges for an offense admits that they engaged in the specific acts or elements of the offense, but that there was a reason to do so that either justified those acts or that negates them in some way.
Examples of Affirmative Defenses in Criminal Cases
What types of defense strategies are considered affirmative defenses? The following are some common examples of affirmative defenses that could be relevant to your case:
- Self-defense, or defense of another (or a third person);
- Defense of property;
- Insanity;
- Entrapment;
- Duress; or
- Statute of limitations ran out.
Generally speaking, affirmative defenses will involve a defense in which your acts were justified (such as self-defense) or excused (such as entrapment), or that have to do with a law or policy (such as the running out of the statute of limitations). The best way to determine if an affirmative defense is the right defense to raise in your case is to discuss the specific details with a criminal defense lawyer in Florida as soon as possible.
Contact Our Tampa Criminal Defense Lawyers to Discuss Your Case and How to Build a Strong Defense to Beat the Charges You Are Facing
Whether you are facing charges under federal law or under state law in Florida, it is crucial to discuss defense strategies with a lawyer who can help you to tailor your defense to the specific facts of your case. In many types of criminal prosecutions, affirmative defenses can be relevant and may allow you to beat the charges you are facing or to convince the prosecution to drop the charges against you. To find out more about affirmative defenses and other types of defense strategies in state and federal criminal cases, you should get in touch with one of the experienced Tampa criminal defense attorneys at the Law Offices of Daniel J. Fernandez, P.A. Contact our firm today to learn more about the services we provide and how we can assist you with your defense.
Source:
law.cornell.edu/wex/affirmative_defense
