There are various types of defenses in criminal law. However, all defenses can be categorized as either affirmative or negating. Continue reading to learn the difference between these two defenses, and who to trust for professional legal advice regarding your current criminal charges.

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.

Indianapolis Criminal Defense Law Firm

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. We work around the clock to ensure your rights are protected and your freedoms are preserved. You CAN avoid the maximum penalties for your charges with our aggressive legal representation. Call 317-636-7514 to get started, today.