There are many defense techniques employed by lawyers who represent individuals accused of breaking the law. Some attorneys show the courts that a search was illegal and get them to throw out certain evidence. Other lawyers bring in expert witnesses to reinterpret evidence.
Alibis, forensic analysis and careful reviews of the law can sometimes lead to effective defense strategies. Many defense lawyers only need to worry about raising a reasonable doubt about the validity of the evidence to exonerate their clients. Other times, the state has a very strong case against a defendant. In some scenarios, defense attorneys may recommend mounting an affirmative defense. These unique strategies do not rely on setting aside or disproving evidence. Instead, they change the narrative around an alleged criminal incident.
What is an affirmative defense?
When an attorney mounts an affirmative defense, they do not claim that their client was not the person involved or that no crime occurred. Instead, they try to prove to the courts that certain factors made the actions of their client legal.
An affirmative defense raises questions about the intent behind behavior and seeks to prove that the defendants acted within the confines of the law even though what they did could be a crime in some circumstances. One of the most common affirmative defenses involves claiming to have acted in self-defense.
Individuals in fear for their safety during a home invasion can use physical force to defend themselves and their property which might be illegal in other circumstances. Other affirmative defense tactics might include claiming that someone acted under duress because another party threatened them or a loved one if they did not engage in certain inappropriate conduct.
Some defense attorneys raise claims about a lack of mental capacity, possibly due to mental health issues or what popular media refers to as temporary insanity when they cannot think rationally due to unusual circumstances. Affirmative defenses can be effective in situations where traditional defense strategies are unlikely to exonerate a defendant.
Talking about the circumstances leading to an arrest with a skilled legal team can help people evaluate whether an affirmative defense is the best option for fighting their pending criminal charges. Defendants who look at as many different strategies as possible have the best chances of avoiding criminal convictions.