An affirmative defense is a legal strategy used by a defendant in court where they do not deny the facts that led to the charges but instead offer a valid explanation or justification for their actions.
Understanding how affirmative defenses operate is crucial in criminal cases, as they can significantly impact the outcome. They provide defendants with a pathway to potentially avoid conviction and influence overall legal strategies.
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The Burden of Proof When Asserting Affirmative Defenses
In legal proceedings, the burden of proof rests with the prosecution, who must establish the defendant’s guilt beyond a reasonable doubt. However, when an affirmative defense is presented, the dynamics of this burden shift.
In these cases, the defendant is usually required to prove their affirmative defense by a preponderance of the evidence. Under this standard, the defendant must prove that what they’re stating is more likely true than not.
Common Affirmative Defenses
There are several recognized affirmative defenses that a defendant may invoke. Common examples include:
Necessity
The necessity defense argues that a person committed an unlawful act to prevent greater harm from occurring.
To successfully invoke this defense, the defendant must meet certain legal requirements:
- Perceived Immediate Threat: The individual must have a reasonable belief that there exists an immediate and specific threat that necessitates action.
- Absence of Viable Alternatives: It is crucial that the defendant had no reasonable alternatives to committing the unlawful act in order to avert the threat.
- Proportional Harm: The harm inflicted through the unlawful act should not exceed the harm that was avoided by taking the criminal action.
- No Role in Creating the Threat: The defendant must not have played a role in creating or contributing to the situation that posed the threat in the first place.
The necessity defense can come into play in a range of legal situations, particularly in non-DUI driving offenses and instances of theft. Common examples include theft motivated by an urgent need for medical supplies.
Additionally, this defense can apply to cases involving driving without a valid license or operating a vehicle with a suspended license, where the driver may justify their actions as essential to prevent a significant crisis.
Duress
Duress claims that the defendant was compelled to commit an unlawful act due to an immediate and credible threat of significant harm or death.
To successfully use this defense, the following criteria must be established:
- Imminent Threat: The individual must be confronted with an urgent and severe threat that creates an atmosphere of immediate peril.
- Genuine Belief in the Threat: The defendant must have genuinely perceived the threat as valid, leading them to believe that compliance was essential to avert the potential harm.
- Lack of Safe Alternatives: The defendant must demonstrate that there were no viable options for escaping the situation or contacting law enforcement for assistance.
- Proportional Relationship: The unlawful act taken under duress should not be more severe than the threat faced. For instance, if someone is coerced into committing a serious crime like murder, the threat must involve an equivalent level of danger, such as the risk of death or grave injury.
This defense is assessed on a case-by-case basis, taking into account elements such as the nature of the threat, the psychological state of the defendant, and the availability of reasonable alternatives. Courts approach the application of duress with caution, ensuring it is warranted based on the specifics of each situation.
Entrapment
Entrapment requires showing that law enforcement officers convinced a person to commit a crime that they would not have committed in other circumstances. This defense challenges the legality of law enforcement actions. It is often used in drug cases, where a defendant may argue that they were persuaded or coerced by an undercover officer to commit a drug-related crime.
To successfully claim entrapment, the defendant must prove two elements:
- Government Inducement: The government played a significant role in inducing the person to commit the offense.
- Lack of Predisposition: The defendant was not already predisposed or likely to commit the crime without law enforcement involvement.
Depending on the circumstances, entrapment could lead to a not guilty verdict.
Self-Defense
Self-defense is a legal defense used when an individual claims that they engaged in an illegal act to prevent imminent harm to themselves or others.
For self-defense to be accepted in court, several requirements must be met:
- Immediate Threat: The defendant must show that there was an immediate threat of violence or harm.
- Proportional Response: The force used in defense must be proportional to the threat faced. That means lethal force is only justified if the threat involves serious bodily harm or death.
- Not the Initial Aggressor: The defendant must not be the one who initiated or provoked the threat. If they were the aggressor, they won’t be able to successfully claim self-defense.
Self-defense is often used when a defendant is charged with violent felonies, like assault, homicide, or domestic violence.
A Recent Change in Ohio’s Self-Defense Laws
In Ohio, a recent change in law has shifted the burden of proof to the prosecution when a criminal defendant claims self-defense. Previously, defendants were required to prove the validity of their self-defense claim.
Now, it is the prosecution’s responsibility to disprove the self-defense claim beyond a reasonable doubt. This legal shift is a significant change in how self-defense claims are handled in the state.
A Cincinnati Criminal Defense Attorney Can Help You With an Affirmative Defense Strategy
Affirmative defenses are somewhat complicated, but they can be incredibly useful for defendants facing criminal charges. If you find yourself in this situation, let Suhre & Associates DUI and Criminal Defense Lawyers help you. Contact us today at (513) 333-0014 to schedule a free consultation with a Cincinnati criminal defense lawyer.
