Different Forms Of Affirmative Defenses To Criminal Charges
Affirmative defenses are facts, other than those raised by your accuser, which negate your criminal charges even if the court determines that you committed the alleged acts. In many cases, the law allows you to mount such defenses even if you have admitted your guilt. Their main aim is not to excuse crime, but to ensure that suspects are prosecuted within the boundaries of the law. Here are examples of affirmative defenses that you can use if you have been accused of a crime.
Justification
In this case, you want to convince the courts that there was a very good reason for committing a crime you have been charged with. Consider a situation where you are accused of beating up a person with a baseball bat. You might justify your actions by saying that he was a robber who intended to cause you physical harm and that you acted in self-defense.
Excuse
Your excuse for committing the crime must be strong enough to withstand legal scrutiny. For example, you might say that you were:
- Intoxicated at the time
- Temporarily insane
- Acting under duress
Note that you will have to prove every excuse you bring forward. For example, if you are claiming that you were under duress, then you must bring forward the person who was forcing you to commit the crime.
Statute of Limitations
You can also seek your way to freedom by showing that the statute of limitations for your crime has expired. According to findlaw.com, you can only succeed with this defense if you can prove that you were "catchable," and it is the authorities' fault that they did not catch you. You are considered catchable if:
- You are living in the same state in which you committed the crime
- You are gainfully employed
- You are not hiding
It also depends on which state you are living in because some states have no statutes of limitations for crimes of violence.
Jurisdiction
Lastly, you can also claim the defense of an invalid jurisdiction. Defend yourself by telling the court that it has no authority to hear your case, and that you have been charged in the wrong venue. You can either claim:
- Personal-matter jurisdiction – usually means you live, work, or have business or property in the jurisdictional area served by the court. This means the court has the power to compel you to abide by its judgments.
- Subject-matter jurisdiction – usually means the court has the authority to hear cases of certain topics. For example, a civil court does not have the subject-matter jurisdiction to hear an assault case, which is a criminal charge.
These defenses seem complicated, don't they? They probably seem so to you because you don't have the legal knowledge to navigate them. A seasoned lawyer, however, can provide you with a very strong affirmative defense provide you explain to him or her all the circumstances of your crime. Click here for more info about the services a lawyer can provide.
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