There are multiple ways for people to respond to pending criminal charges in the Virginia courts. Some people plead guilty, possibly despite believing in their own innocence. They may fear a criminal trial and worry about the cost involved.
Others want to assert their innocence whatever the cost. They may plan to go to court to defend against the charges they face and prove that they did not break the law. They may use a straightforward defense strategy. A standard criminal defense strategy involves raising a reasonable doubt about whether someone committed a crime.
Attorneys may try to exclude evidence from the trial, undermine the analysis of evidence by bringing in expert witnesses or provide an alibi showing their client was not the person involved in the situation. Other times, the best defense strategy might involve an affirmative defense. An affirmative defense strategy can be helpful in cases where the state has strong evidence connecting someone to criminal activity.
What does it mean to pursue an affirmative defense?
As discussed above, a traditional criminal defense strategy focuses on raising questions about someone’s involvement in crime. An affirmative defense strategy acknowledges their conduct but asserts it was legal due to the circumstances.
Perhaps the best-known form of affirmative defense is a claim of acting in self-defense. Virginia has somewhat complex self-defense rules that the courts have to analyze on a case-by-case basis after the arrest of an individual. People can justify violent conduct based on their fear of criminal actions by the other party.
Claims of duress are another type of affirmative defense. Someone acting out of fear for their own safety or the well-being of their family members could limit their legal culpability for their actions. Someone who robs a bank while criminals hold their family members hostage could assert that they acted due to duress. Claiming a lack of mental capacity at the time of the crime or overall is another common defense strategy when accused of criminal activity.
The only way to know if an affirmative defense is the best option is to carefully review the state’s evidence with the assistance of a skilled legal team. Exploring numerous criminal defense strategies can lead to an informed plan and (ideally) an optimal outcome for someone facing Virginia criminal charges . Affirmative defenses work in some cases but may not be the best solution in others.
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