An affirmative defense is a legal strategy used in criminal cases where the defendant acknowledges the facts of the case but provides additional evidence or arguments that, if proven, can negate or mitigate legal liability. In Oklahoma, as in other jurisdictions, affirmative defenses can play a crucial role in the outcome of a criminal case.
Definition of Affirmative Defense
An affirmative defense is a defense strategy where the defendant introduces new facts or arguments that, if proven, can lead to a reduction or elimination of criminal liability. An affirmative defense admits the basic facts of the case but asserts additional facts that justify or excuse the defendant’s actions.
To successfully use an affirmative defense, the defendant must present evidence supporting the defense. This requires a thorough understanding of the legal standards and the ability to present a compelling case.
Burden of Proof
In an affirmative defense, the burden of proof shifts to the defendant. The defendant must provide evidence to support the affirmative defense and prove it by a preponderance of the evidence, meaning it is more likely than not that the defense is true. This is a lower standard of proof than the prosecution’s burden to prove guilt beyond a reasonable doubt.
Common Types of Affirmative Defense
Self-defense is one of the most common affirmative defenses. It asserts that the defendant used force to protect themselves from imminent harm or danger. In Oklahoma, self-defense can be a valid defense if the force used was reasonable and necessary to prevent harm. This defense can also apply to the defense of others or defense of property.
The insanity defense argues that the defendant was legally insane at the time of the crime and therefore lacked the capacity to understand the nature of their actions or distinguish right from wrong. Oklahoma follows the M’Naghten Rule, which requires proof that the defendant had a severe mental disease or defect that prevented them from understanding their actions.
Duress involves proving that the defendant committed the crime under the threat of immediate harm or death from another person. However, the threat must be imminent, and the defendant must have had no reasonable opportunity to escape the situation. Duress is not a valid defense for serious crimes such as murder.
The necessity defense asserts that the defendant committed the crime to prevent a greater harm. This defense is based on the idea that breaking the law was necessary to avoid an imminent and significant danger. The harm prevented must outweigh the harm caused by the criminal act.
Intoxication can be a defense if it negates a specific element of the crime, such as intent. Involuntary intoxication, where the defendant was drugged without their knowledge, can be a complete defense. Voluntary intoxication may reduce the severity of charges, if it negates the specific intent required for the crime.
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Tulsa Criminal Lawyers
Affirmative defenses in Oklahoma criminal cases provide defendants with a way to justify or excuse their actions, potentially leading to a reduction or dismissal of charges. Understanding the various types of affirmative defenses and how they are applied is crucial for anyone facing criminal charges. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.