The text book definition of an affirmative defense to a criminal charge is that it is a fact or set of facts other than those alleged by the prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct.
An affirmative defense is essentially both an admission that 1) what the State claims happened in fact happened (i.e. you killed someone, you punched someone, you stole something, etc) but 2) that there is a legally sufficient and accepted justification for the same.
Examples of affirmative defenses are self-defense, defense of others, stand your ground and insanity .
If you have an affirmative defense then you should discuss it thoroughly with your lawyer because before you put it out there you must be prepared to both plead and prove it.
Remember: At Michael A. Haber, PA, it’s all about reasonable doubt!
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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