In some Violent Crimes cases, the defendant will offer up a justification defense for the actions that took place. domestic violence A justification is any act that an individual deems necessary to avoid any type of evil. Using a justification as a defense, is known as an affirmative defense. Essentially an affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. There are many types of justifications that can be used in a criminal case. It is important to note that if a defendant decides to use a justification as a defense, the burden of proof shifts from the prosecution to the defense. The defense then has to prove every element of that defense beyond a reasonable doubt. Using a justification as a defense is not always in the best interest of the defendant, however. This is due to the fact that in order to build the case that their actions were justified, the defendant admits that the act took place, which then makes the prosecution’s job a lot easier.
There are other issues, when it comes to violent crimes cases and using justification as a defense. mutual fight If the jury doesn’t find the justification to be credible, then it is pretty hard to move forward with a defense. Despite the downside of admitting the act took place, if the justification is found credible, then the act is not considered criminal which is a huge upside to offering up a justification for the act. Some commonly used justifications as a defense include self-defense, duress and necessity. Building an affirmative defense such as a justification can be a daunting task without the help of good legal representation. There are many elements that need to be proven and it can be an uphill battle in some cases. The attorneys at The Law Offices of Kelly and Conte are experienced attorneys who will help you sort through the details of your case and decided if offering up a justification is in your best interest.