There are many different potential ways to counter pending criminal charges. Sometimes, defense attorneys can prevent the use of certain evidence and secure the dismissal of pending charges. Other times, there might be a better way to analyze the evidence or another potential suspect to bring to light with a thorough criminal defense strategy.
In some cases where there is strong evidence connecting a defendant to a criminal incident, the best strategy might involve mounting an affirmative defense. Instead of trying to prove that a defendant didn’t break the law, the goal is to establish extenuating circumstances that mitigate the criminality of their behavior. There are a variety of different affirmative defense strategies that people can use when responding to criminal charges, and the three below are among the most common.
Claims of self-defense
While state law doesn’t specifically outline when self-defense claims are possible, there is plenty of judicial precedent on the matter. People generally have a right to use a reasonable amount of force to protect themselves, their property and other people from imminent criminal activity. In cases where people believe that a crime is about to occur, they can use physical force to prevent that crime.
Assertions of acting under duress
People generally need to take responsibility for their own choices. However, individuals are not always in a situation where they can make free and reasonable decisions about how to behave. In scenarios where another party threatens an individual or members of their immediate family, the person threatened may feel compelled to engage in criminal activity. Those who can prove that an outside party used violent threats to create a sense of duress can use that fear as part of their criminal defense strategy.
Concerns about a lack of capacity
Individuals generally need to understand the consequences of their behavior to be culpable for their actions. Some people have developmental disabilities, mental health challenges or even acquired brain injuries that affect their ability to understand the repercussions of their choices. Others may experience a temporary lack of capacity due to intense and overwhelming emotional reactions in unusual circumstances. If people can prove that they were not in their right mind at the time of an incident, then they may not be criminally culpable for their actions.
Discussing the circumstances surrounding a criminal charge with a skilled legal team can help a defendant evaluate their different defense options. Affirmative defense strategies can be a viable option in specific circumstances.
