Affirmative Defenses In Indiana

If you are facing criminal charges in Indiana, you may be entitled to acquittal even if the prosecution manages to prove every element of the charged offense beyond a reasonable doubt. This can happen if you successfully raise, and the jury accepts, an “affirmative defense.” Affirmative defenses vary from state to state, and a qualified Indiana criminal defense attorney can help you determine if an affirmative defense applies to your case. Below is a look at how the state of Indiana defines affirmative defenses and some types of affirmative defenses in Indiana.

Defining Affirmative Defenses

When you raise an affirmative defense, you are not claiming you did not commit the crime. Instead, you are admitting you committed the alleged acts in question but claiming you were legally justified.

When you raise an affirmative defense, you must offer proof supporting your defense meeting the standard of proof set by law, which is a preponderance of the evidence. This is a lesser standard than the “beyond a reasonable doubt” standard.

Types of Affirmative Defenses in Indiana

The following are some of the types of affirmative defenses in Indiana;

• Legal authority: This defense is based on the argument that your conduct was authorized or required by law. In this defense, the argument is that what you did is not a crime because you had the legal authority to do it.
• Self-defense or defense of others or property: This defense is based on the idea that you are justified to use force if you reasonably believe it is necessary to prevent harm to yourself, another person, or your property.
• Involuntary intoxication: For instance, if you were drugged without your knowledge and then committed the crime while under the influence of the drug, you could use the intoxication as a defense to your charges.
• Mistake of fact: You can raise this defense if you were reasonably mistaken about a fact that is material to the offense you are accused of committing. For instance, suppose you are accused of stealing a car. In such a case, if you reasonably believed the vehicle was yours, you may be able to raise this defense to avoid a conviction.
• Duress: This defense may be available if you were forced to commit a crime by the threat of imminent serious bodily injury to yourself or another person.
• Entrapment: When you raise this defense, you are claiming that you would not have committed the offense were you not persuaded by an officer or their agent.

This is not an exhaustive list of affirmative defenses in Indiana.

Contact an Indianapolis Criminal Defense Lawyer

If you are facing criminal charges in Indiana and would like to know if an affirmative defense applies to your case, contact our Indianapolis criminal defense lawyer at Rigney Law LLC.

Source:

law.cornell.edu/wex/affirmative_defense#:~:text=An%20affirmative%20defense%20is%20a,defendant%20committed%20the%20alleged%20acts