Fighting back against criminal charges requires an understanding of the law and careful preparation. The charges a defendant faces and the evidence gathered by the state can both affect the best strategy to use. Some defense lawyers can prove that their clients did not engage in criminal activity because they can show that someone else likely committed the crime in question. Other people may be able to fight pending criminal charges by having their attorneys challenge or invalidate the state’s evidence.
Sometimes, the state has a relatively strong case. There is clear evidence connecting an individual to criminal activity. There are no overt indicators that police officers broke the law or violated the rights of the defendant during the investigation. In such cases, affirmative defense strategies might be a viable option.
How an affirmative defense works
Not all criminal matters are black and white. There are special scenarios that may limit or fully eliminate criminal culpability for certain behaviors. Conduct that is often criminal may be legal in special circumstances.
Acting in self-defense is perhaps the simplest and most common example of such scenarios. Someone who uses physical force to protect themselves, their property or another person from imminent criminal activity may not have committed a violent crime. The extenuating circumstances effectively justify their use of physical violence.
A variety of circumstances may give rise to an affirmative defense strategy. A lack of mental capacity caused by developmental disabilities, mental health issues or temporary insanity could be a consideration. Duress because of the threats made by another party could also help with the development of an affirmative defense strategy.
Those who believe that extenuating circumstances can help explain their criminal activity may be in a position to fight the pending charges that they face. Getting the support of a criminal defense attorney can help those accused of breaking the law look at their options for avoiding a conviction. Those with evidence of unusual circumstances could be able to change the narrative around the incident.
Developing an affirmative defense strategy can work in certain unique scenarios. Defendants who consider every criminal defense option have the best chances of limiting the consequences of an arrest. In cases involving unusual circumstances, an affirmative defense strategy could be the best option available.