An affirmative defense is a legal strategy where a defendant acknowledges committing the alleged act but provides a valid reason or justification for why they should not be held responsible under the law. This approach is different from simply denying the crime ever happened; instead, it focuses on presenting evidence or arguments that excuse or legally justify the action.
Defendants may use an affirmative defense when they believe there are circumstances that would exempt them from criminal liability even though they committed the act in question.
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Common Affirmative Defenses in Ohio
Several common affirmative defenses recognized under Ohio law include:
Self-Defense
Self-defense gives someone the legal right to protect themselves from an immediate threat of physical harm. In Ohio, the force used in self-defense must be reasonable and proportionate to the threat faced, and the person must genuinely believe they are in danger.
This defense often comes into play in assault or homicide cases, and the defendant must show that they did not provoke the incident.
Duress
Duress is a defense in cases where a person commits a crime because they are forced to do so under the threat of immediate harm. For this defense to apply, the threat must be specific and serious, leaving the individual with no reasonable alternative but to commit the crime.
The defendant’s belief in imminent danger also needs to be reasonable, and duress cannot be used if they voluntarily put themselves in a dangerous situation.
Insanity Defense
In Ohio, a defendant may be found not guilty if, because of a mental disease or defect, they did not understand the nature or wrongfulness of their actions at the time the crime was committed. To succeed with an insanity defense, the court will require expert testimony and a thorough evaluation of the defendant’s mental state.
Proof of insanity can excuse a person from criminal liability, but it does not necessarily mean they will be released into the community—it can result in treatment in a secure facility instead of imprisonment.
Entrapment
Entrapment occurs when law enforcement agents persuade or coerce someone to commit a crime that they would not ordinarily have committed. This defense aims to show that the criminal intention originated with the police, not the defendant.
To use this defense, the accused must demonstrate they were not already willing or predisposed to break the law before being pressured or lured into the act. This is a pretty difficult defense to use successfully, but it’s worth considering if the facts are appropriate.
It’s crucial to work with an experienced defense attorney to determine if an affirmative defense applies to your situation.
The Burden of Proof When Using Affirmative Defenses
When a defendant raises an affirmative defense, they take on the burden of proof. It means they must prove that they were justified in their actions. Unlike the prosecution, who must show guilt beyond a reasonable doubt when proving someone is guilty, the defendant only needs to show their affirmative defense is more likely true than not. This is called proving by a preponderance of the evidence. This is done in the following ways:
Using Expert and Lay Witnesses
Defendants often rely on witnesses to strengthen their defense, bringing in both experts, such as psychologists or doctors for an insanity defense, and everyday witnesses who observed the events. These testimonies help the judge or jury understand the circumstances from the defendant’s perspective.
Demonstrating Credibility
The defense must show that their story is believable. This is done by offering credible explanations for their actions, showing consistency in their statements, and highlighting factors like fear, mental health issues, or police misconduct if relevant.
Making Legal Arguments
Finally, the defense ties all the evidence together through legal arguments, showing how the facts apply under Ohio’s law for that particular affirmative defense. The goal is to clearly explain why the jury or judge should find the defense more probable than not.
By using these strategies, the defendant can meet their burden and provide the court with a solid reason to accept the affirmative defense.
Challenges and Limitations of Affirmative Defenses
Affirmative defenses can be powerful, but they also come with challenges and limitations. First, the defendant is admitting to the criminal act, which can feel risky and may impact how the judge or jury views them.
The defense then has the burden of proving the justification or excuse, which means finding strong evidence and reliable witnesses, which isn’t always possible.
Certain defenses, like insanity, require expert testimony and detailed medical records, which take time and resources to gather. Other affirmative defenses, such as duress or entrapment, have strict legal standards that are hard to meet, especially if there is any evidence that the defendant had a reasonable alternative or was partially responsible for the situation. It’s not impossible to use an affirmative defense, but it takes experience and skill to know how to present it effectively.
Contact Our Dayton Criminal Defense Attorneys for Free Consultation
If you have questions about affirmative defenses or need help with your criminal case, contact us today at (937) 531-0435 to schedule a free consultation with an experienced Dayton criminal defense attorney at Suhre & Associates DUI and Criminal Defense Lawyers .
