There are many different ways for people to respond to pending criminal allegations. Some people acknowledge that they have made mistakes and enter guilty pleas. Others may hire lawyers to defend against the charges that they face.
Sometimes, the best strategy is to prevent the state from using certain evidence. Lawyers can often exclude evidence found through inappropriate searches or information given during illegal questioning that violated someone’s rights. If a case goes to trial, lawyers may try to reevaluate evidence, find new evidence or create an alternative narrative of events.
Occasionally, a defense strategy involves an affirmative defense. The defendant does not choose to claim that they didn’t engage in certain behavior. Instead, the basis of their legal argument is essentially that the circumstances of their situation made their actions legal. What might inspire a criminal defendant to develop an affirmative defense strategy with their attorney?
Clear and convincing evidence
Traditional defense strategies may not work well in cases with an abundance of incriminating evidence. Perhaps the defendant confessed. Maybe there are multiple witnesses that can affirm their actions or security camera footage that clearly shows their face.
In cases where the defense team cannot exclude or undermine the prosecutor’s evidence, an affirmative defense strategy may be the best option available. Instead of trying to prove that someone didn’t do something inappropriate, the goal is to raise questions about their motive or the situation leading to the incident.
Unusual and compelling circumstances
Frequently, affirmative defense strategies highlight details that influence how those involved in the criminal court process view the situation. By highlighting certain information, it may be possible to change the narrative developed by the prosecutor.
Claims of self-defense are a common type of affirmative defense strategy. By reviewing the prior aggressive behavior of the other party involved, the defense team can potentially convince the courts that other reasonable people would also feel the need to use force in self-defense in that situation.
In scenarios where people acted under duress or lacked mental capacity at the time of an incident, the unique situation can provide a compelling narrative. It may lead jurors and other people hearing the case to extend the benefit of the doubt to the defendant.
Affirmative defense strategies are one of several options available to those who do not want a criminal conviction on their record. Reviewing a variety of ways to fight pending criminal charges can help people choose the best strategy possible for their situation.