Do You Need To Use An Affirmative Defense In Your Criminal Case?

If you’ve been arrested and charged with a crime in Kentucky, it’s crucial that you reach out to a qualified criminal defense attorney who can help you develop a strong defense strategy. A skilled criminal defense attorney will help you develop a defense strategy suited to your situation. Depending on the specifics of your case, you may or may not need to use an affirmative defense in your criminal case. So, to answer the question, “Do you need to use an affirmative defense in your criminal case?” The answer depends on the specifics of your case. Each case is different. Just because someone you know used such a defense in their case does not mean you, too, need to use it in your case. An attorney can help you determine if you do or do not need to use an affirmative defense in your criminal case.

Your attorney may find that the best way to fight your charges is to try to weaken the prosecution’s case. For example, your attorney may find that the best way to fight your charges is to question whether law enforcement officers violated your constitutional rights during a search and seizure. However, if the prosecution’s case is very strong, could an affirmative defense be the best option? An attorney can help you determine whether or not an affirmative defense is the best option in such a situation.

Affirmative Defenses Use a Different Strategy

An affirmative defense uses a unique strategy. Instead of trying to challenge the prosecution’s case or show that the defendant is innocent, this type of defense claims that the defendant committed the crime but argues that the crime was excusable.

So, who has the burden of proving an affirmative defense? Usually, the party that raises the affirmative defense has the burden of proving the defense. You and your attorney must prove that a particular affirmative defense applies to your case. Because of this, it is vital that you have as much evidence as possible if you plan to raise an affirmative defense.

Examples of Affirmative Defenses

A criminal defendant can raise many different types of affirmative defenses in their case. The type of affirmative defense you can raise in your case depends on the specifics of your case. Depending on your case’s specifics, the following are some affirmative defenses you may be able to raise in your Kentucky criminal case;

• Self-defense – In Kentucky, you can use self-defense to challenge criminal charges such as assault and domestic violence. According to Kentucky law, you can use physical force to defend yourself if you believe the force is necessary to protect yourself against the other person’s imminent use of illegal physical force.
• Entrapment – occurs when a law enforcement officer encourages a person to engage in criminal conduct so they (the law enforcement officer) can obtain evidence against them.
• Insanity – Sometimes, an individual who is found incapable of comprehending the consequences of their actions may not be held criminally liable.
• The statute of limitations – In Kentucky, there is a time limit for bringing misdemeanor charges. A defendant may not be held criminally liable if this time limit has passed.

Contact a London Criminal Defense Attorney

If you need help with your Kentucky criminal case, contact a skilled and dedicated London criminal defense attorney at Cessna & George Law Firm.

Source:

law.cornell.edu/wex/fourth_amendment