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If you are charged with a crime in Arizona, you need to know if you can assert an affirmative defense. An affirmative defense is different from other types of defenses, and a successful one can result in a not-guilty verdict. However, it can be difficult to prove some affirmative defenses.
If you think that you have an affirmative defense, you should set up a free consultation with a criminal defense attorney to learn about how best to present it. Until then, read on to learn more about these defenses and how they can help your case.
An affirmative defense is a legal defense to a crime. With an affirmative defense, the defendant argues that they did commit the crime, but that it is legally excusable. Essentially there are justifiable circumstances that make it so that the defendant should be found not guilty.
In every criminal case, the prosecution has the burden to prove the case against a defendant beyond a reasonable doubt. The defendant normally doesn’t bear any burden of proof and doesn’t need to put on any evidence.
However, if the defendant is asserting an affirmative defense the burden shifts. Then the defendant must produce evidence to prove the defense by a preponderance of the evidence. This means that it is more likely than not true. If the defendant meets this burden they will not be convicted of the crime.
There are several differences between a traditional defense and an affirmative defense.
With a traditional defense, the defendant doesn’t have to produce any evidence. It is enough for the defendant to poke holes in the prosecution’s case, or simply that the prosecutor fails to produce enough evidence. On the other hand, if the defendant asserts an affirmative defense they must produce sufficient evidence to support it.
The other difference is that with an affirmative defense, the defendant is admitting that they engaged in the behavior at hand. The caveat is that the behavior is excusable because of the affirmative defense. With most traditional defenses, the defendant argues that they didn’t engage in the behavior at all.
Some of the most commonly asserted affirmative and justification defenses in Arizona include:
Each of these affirmative defenses has certain elements that the defendant must prove to be successful.
To prove self-defense or defense of others, the defendant must show that they used reasonable force to protect themselves or another from a reasonable threat of unlawful physical force. Self-defense is not justified in response to words alone or to resist a lawful arrest.
A person commits a crime under duress if they were forced to commit the crime by either:
It is not a defense to homicide or crimes causing serious bodily injury. Furthermore, it is not available if the defendant placed themselves in the situation leading to duress.
Entrapment occurs when someone is induced into committing a crime by law enforcement. The idea to commit the crime needs to have originated with law enforcement, they need to urge the person to commit the crime, and the person cannot be predisposed to commit the crime.
A mistake of fact is only a defense if the mistake was to the mental state required for the crime. Mistake of law is not a defense.
Defendants in Arizona can raise the insanity defense if they prove that they had a mental disease or defect that made it so they did not know the criminal act was wrong. The mental disease or defect cannot include voluntary intoxication, withdrawal from alcohol or drugs, character defects, psychosexual disorder, or impulse control disorders.
The defendant must prove the insanity defense by clear and convincing evidence. If the case involves death, serious bodily injury, or threat of death or serious bodily injury then the defendant may be committed to a mental health facility.
During the trial, the prosecution presents their case first and the defendant presents their case second. The defendant must produce enough evidence to prove their affirmative defense during their case in chief.
The evidence may include anything relevant such as:
The defendant can also prove the affirmative defense by questioning the prosecution’s witnesses during cross-examination. Any favorable evidence that is elicited can be used to support their argument. If the defendant successfully proves their affirmative defense, then they will be found not guilty of the crime.
Proving an affirmative defense can be tricky. If you believe that you have an affirmative defense available in your case, you should talk to a criminal defense lawyer in Phoenix for help. Call Orent Law Offices, PLC today at (480) 656-7301 or schedule a free consultation. We can help you present your case in the best possible light and work to have your charges dismissed, if possible.
