When an individual has been charged with a criminal offense, it is typically the obligation of the state, through a district attorney or prosecutor, to prove the defendant’s guilt beyond a reasonable doubt. This normally requires producing evidence that a criminal act took place and the individual charged intended to commit the act (for example, security camera footage shows the defendant hiding merchandise under his or her shirt to take it without paying for it).
In a typical criminal defense, the defendant has no obligation to introduce facts about the case. The burden of proof is entirely on the prosecution. The defense may raise questions about the prosecution’s evidence to establish a reasonable doubt in the mind of a judge or jury. The defendant might simply rely on the judge and jury to conclude on their own that the prosecution has failed to meet its burden of proof.
However, in some cases, the defense asserts an affirmative defense to negate their criminal liability. This means the defense presents a valid reason for committing a criminal act, which justifies or excuses the act. For example, an individual accused of assault or homicide who declares they acted in self-defense is using an affirmative defense. They are admitting to an act that caused bodily harm or death while explaining why their action was an unavoidable or reasonable course of action.
Raising an affirmative defense requires a thorough understanding of the elements of the case and the applicable law. It requires a defense attorney who understands the nuances of your case and has explored all potential legal strategies to defend you. If asserting an affirmative defense is plausible in your case, the Law Offices of Jonathan F. Marshall can develop a strategic legal defense to counter the charges that you are facing.
Contact us today to schedule a free consultation with our respected New Jersey criminal defense attorneys and learn how we can help you craft a viable legal defense.
Examples of NJ Affirmative Defenses
In an affirmative defense strategy, the individual admits to a criminal act but introduces evidence to justify what they have done. Under New Jersey law, it is a valid affirmative defense to assert:
- Self-defense – use of force to protect oneself from death or serious bodily harm
- Defense of others – use of reasonable force against someone attempting to harm a third party.
- Defense of premises or personal property – use of reasonable force to prevent or stop criminal trespass
- Non-voluntary intoxication – engaging in criminal conduct while under the influence of intoxicating substances ingested involuntarily, which rendered the individual incapable of understanding the nature of the acts committed
- Pathological intoxication – engaging in criminal conduct while intoxicated to a grossly excessive degree based on an amount of intoxicant the defendant did not expect to have such an effect
- Diminished capacity – engaging in criminal conduct while mentally ill to the point that the defendant did not have a state of mind required to commit the offense
- Insanity – engaging in criminal conduct while mentally ill to the point of not knowing the nature and quality of the act or not knowing that it was wrong
- Duress – engaging in criminal conduct after being coerced to do so by the use of or a threat to use unlawful force against the defendant or someone else
- Necessity – engaging in criminal conduct to avoid a greater harm
- Entrapment – establishing thata government official, such as a police officer, used threats, fraud, or harassment to coerce the commission of a crime
To go to trial with an affirmative defense, the defendant would have to be ready to prove their claim by a preponderance of the evidence, meaning it is more likely true than not. This is a lower standard than proof beyond a reasonable doubt.
Get an Attorney to Raise an Affirmative Offense
Under the rules of procedure, a defendant must provide an answer to the charges filed against them, including whether they will pursue an affirmative defense. Under New Jersey rules, the defense must present a specific and separate statement of facts for any potential affirmative defense it might use.
The decision to undertake this strategy must be in place early in the process of responding to a charge. It requires time to investigate a case and develop a proper strategy. By the time we go to court, we must be ready to offer proof that supports the affirmative defense we are asserting to protect you.
Our first approach would be to present evidence supporting your affirmative defense to the prosecutor in your case to argue that charges against you should be dismissed. Because our attorneys have established professional relationships with prosecutors across the state, we can begin negotiations right away to resolve cases that should end in our client’s favor.
If the district attorney is not convinced, we would be prepared to present a strong and persuasive case on your behalf in court.
Contact Our New Jersey Criminal Defense Attorneys Today
If you have been arrested or face indictment in New Jersey, exercise your right to remain silent and contact an experienced criminal defense attorney from the Law Offices of Jonathan F. Marshall as soon as you can. Our team will develop a legal strategy to protect you from the consequences of the criminal charges you face, including gathering evidence to support an affirmative defense if warranted.
You have rights under New Jersey law to defend yourself as well as others and to be free of criminal liability in situations where the use of force is unavoidable. We can help you prepare a valid affirmative defense. Contact the Law Offices of Jonathan F. Marshall now at 877-322-2865 or online for a free initial consultation about how we can put our knowledge, skills, and experience in New Jersey courts to work for you.
