An affirmative defense is a legal reason why a person should not be held responsible for a crime. Instead of only arguing that the state cannot prove the charge, the defendant presents evidence to support a defense recognized by law.
Arizona law specifically defines what qualifies as an affirmative defense. This distinction is important because defenses that may be described as affirmative defenses in other states do not always fall into that category in Arizona. For example, Arizona treats self-defense as a justification defense rather than an affirmative defense.
The type of defense used in a criminal case matters because it can change what the defendant must prove.
How Does an Affirmative Defense Work?
An affirmative defense gives the court a legal reason why the defendant should not be held criminally responsible.
The state still has to prove each element of the charged crime beyond a reasonable doubt. But when a defendant raises an affirmative defense, the defendant usually has the burden of proving that the defense applies.
Each affirmative defense has its own legal requirements. The evidence needed will depend on the defense and the facts of the case.
What Is the Difference Between an Affirmative Defense and a Regular Defense?
A regular defense may focus on whether the state can prove the crime. For example, the defendant may argue that police arrested the wrong person or that the defendant did not have the intent required for the offense.
An affirmative defense works differently. The defendant raises a defense specifically recognized by Arizona law and generally has the burden of proving that it applies. In either situation, the state still has to prove the elements of the charged crime beyond a reasonable doubt.
Who Has the Burden of Proof for an Affirmative Defense?
Under Arizona’s affirmative defense statute, the defendant generally has the burden of proving an affirmative defense by a preponderance of the evidence. This means the defendant must show that the defense is more likely than not to apply.
Some defenses have a higher standard. For example, Arizona requires defendants to prove entrapment and legal insanity by clear and convincing evidence.
Justification defenses work differently. If there is evidence supporting a justification defense, such as self-defense, the state must prove beyond a reasonable doubt that the defendant did not act with legal justification.
What Are Common Examples of Affirmative Defenses?
What counts as an affirmative defense depends on state law. In Arizona, the defense must be specifically recognized by law, and some defenses commonly called affirmative defenses elsewhere fall into different legal categories.
Examples of affirmative defenses under Arizona law include:
- Entrapment: This defense may apply when law enforcement induces a person to commit an offense that the person was not predisposed to commit.
- Legal insanity: This defense may apply when a qualifying mental disease or defect was so severe that the defendant did not know the criminal act was wrong.
Self-defense, defense of others, duress, and necessity are important criminal defenses, but Arizona classifies them as justification defenses, not affirmative defenses.
Does Raising an Affirmative Defense Mean You Admit to the Crime?
An affirmative defense focuses on a legal reason the defendant should not be held criminally responsible. Depending on the defense, a defendant may be able to raise one while still disputing parts of the prosecution’s case.
However, some affirmative defenses require an admission. In Arizona, entrapment is one example. Under Arizona law, a defendant claiming entrapment must admit the substantial elements of the charged offense through testimony or other evidence.
Therefore, raising an affirmative defense does not always mean admitting to the crime. Whether an admission is required depends on the specific defense.
What Happens if an Affirmative Defense Is Successful?
The effect of a successful affirmative defense depends on the defense being raised. In some cases, proving the defense means the defendant cannot be held criminally liable for the charged conduct.
For example, a defendant who successfully proves entrapment has established a defense to the criminal charge. Legal insanity has a different result in Arizona. If that defense is proven, the defendant may receive a guilty except insane verdict rather than an acquittal. This can lead to commitment to a secure state mental health facility.
Because the possible result varies by defense, successfully proving an affirmative defense does not always mean the case ends in the same way.
How Can a Criminal Defense Attorney Help With an Affirmative Defense?
A criminal defense attorney can determine whether an affirmative defense applies and help gather the evidence needed to support it.
An attorney can help by:
- Identifying possible affirmative defenses.
- Gathering evidence to support the defense.
- Interviewing witnesses.
- Meeting filing and court deadlines.
- Presenting the defense in court.
- Challenging the prosecution’s evidence.
Affirmative defenses have specific legal requirements, and the defendant may have the burden of proving that the defense applies. An attorney can help make sure the defense is properly supported and presented throughout the case.
Contact Katsarelis Law Criminal Defense Attorneys To Schedule a Free Case Review With a Tucson Criminal Defense Attorney
An affirmative defense gives a defendant a legal reason why they should not be held criminally responsible, even when the state has evidence supporting the charge. In Arizona, affirmative defenses must be recognized by law and are different from justification defenses, such as self-defense.
Defendants generally have the burden of proving an affirmative defense, although the required level of proof depends on the defense. If successful, an affirmative defense can prevent criminal liability or lead to another result provided by Arizona law.
If you need help, contact Katsarelis Law Criminal Defense Attorneys today at (520) 510-0439 to schedule a free case review with a Tucson criminal defense lawyer.