When facing criminal charges in Tempe, Arizona, you have more options than simply challenging the prosecutor’s evidence. Under Arizona law, there are two primary categories of defenses—affirmative defenses and justification defenses—that can significantly impact the outcome of your case. Below is an overview of both, along with how they could play a crucial role in protecting your rights and freedom.
1. Affirmative Defenses
Under A.R.S. § 13-205, defendants raising an affirmative defense must prove it by a preponderance of the evidence—a lower standard than the State’s burden to prove guilt beyond a reasonable doubt, but a burden on the defendant nonetheless.
Common Affirmative Defenses in Arizona
- Entrapment
You claim law enforcement coerced or induced you into committing a crime you otherwise would not have committed. - Lack of Sexual Interest
Typically used in certain sex crime cases where demonstrating a lack of sexual intent is pivotal. - Inoperable Firearm
In Misconduct Involving Weapons cases, showing a firearm could not function may negate certain weapons charges. - Using a Drug as Prescribed
In DUI cases, demonstrating you were following legitimate medical advice when using a prescribed substance can be a viable defense.
Because affirmative defenses shift the responsibility of proof to you, it’s critical to have knowledgeable legal counsel who can gather compelling evidence and present a persuasive argument in court.
2. Justification Defenses
Unlike affirmative defenses, justification defenses in Arizona do not require you to prove anything. Under the updated language of A.R.S. § 13-205, once there is any evidence supporting a justification defense, the State must prove beyond a reasonable doubt that you were not justified.
Common Justification Defenses
- Self-Defense
Claiming you used force to protect yourself from imminent bodily harm. - Defense of Property
Arguing your force was necessary to prevent illegal interference with your possessions. - Defense of a Third Party
Intervening on someone else’s behalf to stop immediate harm or threat. - Use of Force in Crime Prevention
Taking necessary action to halt the commission of a serious criminal act. - Duress
Showing you were coerced into unlawful conduct by immediate threats of harm or death.
Once your attorney introduces enough evidence to warrant one of these defenses, prosecutors must overcome it by demonstrating beyond a reasonable doubt that your actions were not justified.
Why These Defenses Matter for Tempe Residents
Tempe is home to a diverse community, including students from Arizona State University, longtime residents, and tourists. Whether you are a local or a visitor, being arrested for a crime can be overwhelming. If you’re faced with serious allegations—ranging from DUI to assault to weapons charges—either an affirmative or justification defense may be a game-changer in your case.
Key Points
- Burden of Proof: Affirmative defenses require you to prove key facts; justification defenses shift the burden back to the prosecution.
- Legal Nuance: Properly invoking these defenses demands knowledge of Tempe court procedures and Arizona statutes.
- Potential Outcomes: A well-argued defense can lead to reduced or dropped charges, minimizing or eliminating penalties that could affect your future.
Building a Strong Defense Strategy
Defending against criminal charges in Tempe goes beyond just claiming innocence. You need a well-rounded approach that may incorporate:
- Factual Investigation: Gathering police reports, surveillance footage, witness statements, and any other evidence that supports your defense.
- Statutory Analysis: Examining Arizona’s criminal codes to identify potential affirmative or justification defenses.
- Courtroom Advocacy: Presenting arguments convincingly before a judge or jury, ensuring they understand how the law applies to your situation.
Contact Ted Law in Tempe, Arizona
If you’re facing criminal charges and believe an affirmative or justification defense could apply to your case, don’t go it alone. Attorney Theodore Agnick at Ted Law has extensive experience navigating Arizona’s criminal justice system, including Tempe’s local courts. Our firm is committed to protecting your constitutional rights and fighting for the best possible resolution.
- Free Consultation: Learn about your legal options at no cost.
- Client-Focused: We offer personalized attention and open communication from start to finish.
- Available 24/7: We understand emergencies happen day or night.
Call (602) 453-3100 or reach out online to schedule a confidential, no-obligation consultation. We’re here to help you mount the strongest possible defense, ensuring your side of the story is heard and your rights remain protected.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For counsel specific to your situation, consult a licensed attorney.