There are numerous possible defenses a defendant can use to fight their criminal charges. Regardless of which one they choose, it will fall under one of two categories: affirmative and negating. Under the affirmative defense category, there are 3 particular types that are common in criminal law. These include justification, excuse, and alibi affirmative defenses.

Continue reading to learn more about each type of criminal defense, including how to get a head start on yours. You may also benefit from reading our blog about The Difference Between Affirmative and Negating Defenses to understand the two primary categories of defense.

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An affirmative defense is a category of defense used by a defendant who wishes to evade accountability of their criminal charges by presenting new evidence that was not previously addressed in the plaintiff’s claims. Here are the 3 types :

❶ Justification Defenses

Justification defenses are defenses that essentially justify why a defendant committed a crime. Under this defense approach, a defendant would admit they committed the crime, while also insisting they did so for good reason. Self-dense is a perfect example of when a defendant might use this affirmative defense. For instance, if a father killed an armed intruder to protect his family, he would likely use a justification defense. Law enforcement defense is another prime example.

❷ Excuse Defenses

An excuse defense is when a defendant admits they committed a crime, but wishes to be excused for the offense by offering an excuse as to why they did it. The insanity defense is a prime example. Other types of excuse defenses include mental illness, intoxication, diminished capacity, duress, and even infancy (a child or youth). For instance, if a woman is charged with resisting arrest and threatening police officers, and defends her actions by claiming she has a mental illness, she would be using an excuse defense. Another example would be if a man robbed a store under extreme duress because his wife was being held hostage by the criminals forcing him to commit a crime.

❸ Alibi Affirmative Defenses

Alibi affirmative defenses are quite common and much different from the other two types of defenses mentioned above. When a defendant uses an alibi affirmative defense, they are not admitting guilt, responsibility, or having any kind of involvement in the alleged criminal charges. They use defense by providing legitimate evidence of an alibi. An alibi is proof that the defendant was somewhere else when the crime took place, making it impossible for them to have committed the crime. Often times, this type of defense is used alongside a negating defense for best results.

How to Get Started on Your Defense

David E. Lewis Attorney at Law 317-636-7514

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

Affirmative Defenses

In the case that a defendant admits guilt to a particular crime, but also offers additional evidence and information in attempt to justify, excuse, or explain their actions, they are using what’s called an affirmative defense. If you have ever watched a crime television show, you may have seen examples of such defenses in a fictional courtroom.

Common affirmative defenses include self-defense, alibis, infancy (a child or youth), mental illness, intoxication, and insanity. Additional examples include being framed, error of fact, diminished capacity, duress, and similar types of circumstances or conducts. If an affirmative defense is successful, it usually means that the defendant’s liability for the crime is reduced or absolved.

Negating Defenses

In contrast to affirmative defenses, negating defenses are used to scrutinize or question an indispensable element of the criminal charge brought forth by the prosecution. This can be a useful strategy for defense since the prosecutor carries the burden of proving the defendant’s guilt beyond a reasonable doubt. Negating defenses help create doubt surrounding the evidence that the prosecution is using to convict the defendant.

However, in order for a negating defense to have a chance at being successful, sufficient evidence must be presented to support the element of the criminal charge in question. This must include physical evidence, such as video surveillance, voice recordings, eye witnesses, alibis, and other forms of tangible proof.

Talk to Your Lawyer

The permitted use of affirmative defenses vary from state to state. In most states, two types are generally accepted: excuses and justifications. In cases where a defendant denies guilt altogether, the alibi affirmative defense is common. Talk to your trusted Indianapolis criminal defense lawyer for help understanding the best strategy for defense to fight your criminal charges. They can build you a strong and impactful case to protect your rights and preserve your freedoms.

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Tag Archives: Affirmative Defenses

The 3 types of Affirmative Defenses