Affirmative defenses, generally speaking, are defenses that if proven by the defendant, mitigate or excuse the conduct of the defendant on legal grounds, even though absent the defense the defendant could have potentially been found guilty of the underlying criminal charge. Affirmative defenses include self-defense, defense of others, defense of property, insanity, intoxication, mistake of fact or law, consent, accident, coercion and duress, execution of public duty, entrapment, and other offense-specific defenses.
Once an affirmative defense has been raised, it is up to the Commonwealth to disprove that defense (with exceptions). This does not mean that in a criminal case the Commonwealth must disprove all potential affirmative defenses. Instead, affirmative defenses must be raised before they must be contested by the Commonwealth.
A thorough explanation of each defense could constitute the basis of their own post, but generally speaking, most affirmative defenses include a justification or excuse for the intent element necessary to convict of a crime. For example, in a Simple Assault case, it is a necessary element that the defendant attempted to cause or intentionally, knowingly, or recklessly caused bodily injury to another. With the affirmative defenses of self-defense or defense of others, the intent is to protect the self or someone else, not to cause injury to the one assaulted.
Not every affirmative defense puts the burden on the Commonwealth to disprove it beyond a reasonable doubt. For example, to establish the defense of entrapment, the burden is on the defense to show that the evidence demonstrates that the evidence shows that it is more likely than not (a preponderance of the evidence standard) that the defendant was entrapped. Likewise in the case of an insanity defense, the burden is on the Defense to establish that a defense of insanity applies by a preponderance of the evidence. Most affirmative defenses may be brought up for the first time at trial, with the exception of defenses such as insanity or mental infirmity which require notice to the Commonwealth in a timely manner.
If you or a loved one has been accused of a criminal offense it is important that you retain an experienced attorney who can assess your potential culpability and mount a serious defense to the charges. Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh, Pennsylvania and Morgantown, West Virginia. Call now for a consultation! Our number is (412) 212-3878 for our clients in Pennsylvania and (304) 712-2089 for those in West Virginia.
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