What are affirmative defenses in criminal cases?

According to criminal defense lawyers, there are some cases where a criminal suspect can be acquitted of his charges even if and when the prosecution has been flawless in proving their allegations with concrete evidence. Such exceptional acquittals take place when the suspect has successfully raised an affirmative defense and the judge or the jurors assigned to the case have accepted this affirmative defense. An accepted affirmative defense will by the letter of the law exonerate the defendant.

When can an affirmative defense be employed?

Affirmative defenses are essentially defenses where the defendant and his or her criminal defense attorney do not necessarily deny being guilty of what they are accused of, but instead provide valid justification as to why it happened. There are a few ways an affirmative defense can be raised:

• The act committed was an act of self-defense (OJ Simpson, Osama bin Laden, The Unabomber, the Boston Marathon bombers – none of them can say this)
• The defendant is mentally insane and needs treatment not punishment
• The prosecution has overrun the statute of limitations in filing the suit – the charges
• There was a mistake of fact
• The crime or act was committed under heavy intoxication where the defendant was not in control of his or her action, judgment, etc.

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Criminal defense lawyers point out that these defenses cannot be exploited or used as loop holes for people to evade conviction, and here is the reason why. Let’s say a person has been charged with assault with a deadly weapon because he used a baseball bat to attack the victim. This person may employ affirmative defense and plead that he is clinically insane and so should be exempted from punishment. It does sound ridiculous but it can happen. You may be able to sue the person that gave that mentally deficient person the baseball bat.

However, it is not that simple. The judicial system will make sure to have the defendant medically checked to confirm his claims and furthermore, even if he happens to be telling the truth, it does not mean they will just allow him to walk away. Well, they may in California, New York, and other liberal states.

He will be admitted into a mental health facility and treated with medication etc. (you certainly don’t want this if you aren’t really mentally ill). Therefore, this ensures that people or defendants don’t just lie and use affirmative defenses and walk away free after committing crime(s) and criminal defense lawyers sometimes apply it appropriately to DUI defense cases.

Furthermore, the decision of whether or not to accept an affirmative defense still lies with the judge or jury in charge of the case and they very well may deny it at their own discretion.

After the Ronald Reagan attempted assassination fiasco by John Hinckley Jr. in 1981 and Hinckley was almost released because of the irrational mental insanity laws Americans became very skeptical of the affirmative defense ploys. If Reagan was assassinated in 81 The Cold War could still be in affect and The Soviet Union would still be a super power. Well, perhaps George Bush Sr. would have continued in Reagan’s footsteps in 89 but Bill Clinton certainly would have done anything strong against America’s nemesis just like he did not do anything to thwart Al Qaeda’s rise.  

Affirmative defenses are not the same everywhere

The laws governing affirmative defense may vary from one state to the other. Therefore, the way you use affirmative defenses, the repercussions of successfully filing an affirmative defense and all legal aspects that fall under the scope of affirmative defenses may not be the same everywhere.

If you face any type of criminal charge and want to know more about a valid affirmative defense claim then you need to contact a criminal defense lawyer. Affirmative defense is a controversial area of criminal law that continues to evolve. If you are charged with a crime or someone you care for is, you need legal help like a laptop needs a keyboard or a vacuum cleaner needs a power source. Click on one of the links above!