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Using an affirmative defense to defend against criminal charges

| Aug 29, 2019 | Domestic Violence |

There are different criminal defense options available to help individuals facing criminal charges who have been accused of committing a crime. Though there are some general criminal defense strategies accused individuals should be familiar with, the best criminal defense option is unique to the situation and circumstances the accused individual is facing.

Accused individuals can benefit from a criminal defense strategy that can help mitigate the potential penalties and consequences they are facing as a result of serious criminal charges. One type of criminal defense is referred to as an affirmative defense. Affirmative defenses are justifications the accused individual may have for committing the alleged crime. Examples of affirmative defenses can include self- defense, defense of others, insanity, duress, entrapment and involuntary intoxication.

Other defenses to criminal charges may also be available to the accused individual depending on the situation and circumstances. If the accused individual had their rights violated, including by an improper stop, improper arrest, improper search or in some other ways, it may form the basis of a criminal defense. Authorities are required to follow certain procedures for the protection of accused individual’s rights and, if they fail to do so, it may form the basis of a criminal defense. In addition, accused individuals can attack the alleged facts or statements from witnesses or police that are being used against them.

It is essential for accused individuals to be familiar with their criminal defense rights and protections and the criminal defense options available to them. A strong criminal defense strategy may help them potentially mitigate or reduce the charges and potential penalties they are facing which is valuable information for accused individuals to have.