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Affirmative vs. Justification Defenses for Criminal Law in Prescott

When facing criminal charges in Arizona, most people know the prosecution must prove guilt beyond a reasonable doubt. However, Arizona law also allows defendants to raise specific defenses—affirmative or justification—that can significantly influence the outcome of a criminal case. Below is an overview of how these defenses differ, why they matter, and how partnering with an experienced Prescott criminal defense attorney can make all the difference.

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1. Affirmative Defenses

Under A.R.S. § 13-205, an affirmative defense shifts the burden to the defendant. You must prove an affirmative defense by a preponderance of the evidence—a lower standard than the State’s requirement of “beyond a reasonable doubt,” but a burden on the defense nonetheless.

Examples of Affirmative Defenses

  1. Entrapment
    • Claiming law enforcement induced you to commit a crime you wouldn’t have committed otherwise.
  2. Inoperability of a Firearm
    • Relevant in Misconduct Involving Weapons charges, showing the weapon couldn’t function can negate certain elements of the offense.
  3. Lack of Sexual Interest
    • Used in specific sex-related cases to demonstrate the required intent wasn’t present.
  4. Using a Drug as Prescribed
    • Often invoked in DUI cases if you were following medical advice and the prescribed dosage.

Since you must establish these defenses, having skilled legal counsel to collect and present evidence is critical.


2. Justification Defenses

In contrast, justification defenses do not require you to prove anything. Under amendments to A.R.S. § 13-205 in 2006, once you introduce some evidence supporting a justification defense, the State must prove beyond a reasonable doubt that you were not justified.

Common Justification Defenses

  1. Self-Defense
    • Using force to protect yourself from immediate physical harm.
  2. Defense of Property
    • Reasonable actions to prevent unlawful interference with your possessions or home.
  3. Defense of a Third Party
    • Intervening to protect someone else from imminent danger.
  4. Use of Force in Crime Prevention
    • Taking necessary steps to prevent a serious criminal act.
  5. Duress
    • Arguing you committed an offense because another person threatened you with immediate harm or death.

With justification defenses, the burden falls back on the prosecution to disprove the defense once it’s raised.


3. Why These Defenses Matter

  • Reduced or Dismissed Charges: Properly presented defenses can weaken or eliminate the prosecution’s case.
  • Avoid Heavy Penalties: The difference between an acquittal and a felony conviction often hinges on your defense strategy.
  • Protect Your Future: Criminal convictions can affect employment, housing, and personal rights—making a robust defense critical.

4. Building a Strong Defense in Prescott

Whether you opt for an affirmative or justification defense depends on evidence, witness testimony, and case-specific details. A knowledgeable Prescott attorney will:

  1. Evaluate Your Situation
    • Examine police reports, witness statements, and any available surveillance footage.
  2. Identify Applicable Defenses
    • Determine which defense approach—affirmative or justification—offers the strongest position.
  3. Present a Convincing Argument
    • Craft and deliver a persuasive case before a judge or jury, making sure the State’s burden of proof remains in focus.

5. Contact Ted Agnick for Your Free Consultation

If you’re facing criminal charges in Prescott or the surrounding areas, don’t go it alone. Attorney Ted Agnick has the experience and insight to help you raise the right defenses effectively.

  • Location: 140 N Montezuma Street, Prescott, AZ 86301
  • Phone: (928) 776-1782
  • FREE CONSULTATION: Call today to discuss your case and learn how we can protect your rights.

Don’t let confusion over affirmative or justification defenses jeopardize your freedom. Contact us now to explore every legal avenue and build a defense tailored to your situation.


Disclaimer: This content is provided for informational purposes only and should not be construed as legal advice. For guidance specific to your circumstances, consult a qualified attorney.

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