What is an Affirmative Defense?

When a person is facing criminal charges of any type in Indiana, they will need to consider the most relevant defense strategy based on the facts of their case. At a very basic level, there are types of defenses where the person facing charges will argue that they did not commit the offense of which they have been accused, as well as defenses where the person admits that they committed the offense but that they should not be liable due to the circumstances of the case. Some types of affirmative defenses are more common than others, and the relevance of any given defense will depend on the facts leading up to the arrest and criminal charges. Rule 8 in the Indiana Rules of Trial Procedure provides details about offering general defenses, as well as affirmative defenses specifically.

When should you consider an affirmative defense? And what are the different types of affirmative defenses available to individuals facing certain criminal charges in Indiana?

Defining the Affirmative Defense

The Cornell Legal Information Institute (LII) defines an affirmative defense as one “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.” Given that the burden in a criminal case is on the prosecutor to prove that the defendant committed the offense with which they have been charged, you may be wondering how affirmative defenses affect the burden of proof.

A defendant will have the burden of proving that the affirmative defense applies to their case and that, as a result of the affirmative defense, they are not criminally responsible. Affirmative defenses can be tricky — especially if another defense strategy seems more relevant — since raising an affirmative defense will involve admitting that you engaged in the acts alleged.

Under IC 35-41-3, affirmative defenses in Indiana are known as “defenses relating to culpability,” and the statutory language says: “A person is justified in engaging in conduct otherwise prohibited if he has legal authority to do so.”

Common Types of Affirmative Defenses, or Defenses Relating to Culpability 

There are a wide range of statutory affirmative defenses in Indiana, which are defined in IC 35-41-3. The listed defenses include the following:

• Use of force to protect person or property (i.e., self-defense);
• Use of force relating to arrest or escape;
• Involuntary intoxication;
• Mental disease or defect;
• Mistake of fact;
• Duress;
• Entrapment; and
• Abandonment.

Each of these affirmative defenses, or defenses relating to culpability, have specific elements that must be proven in order for the defense to be effective. If you think one of these defenses could apply to your situation, it is important to seek help from a criminal defense lawyer in Indiana.

Contact Our Indianapolis Criminal Defense Attorneys for Assistance 

Are you facing charges for a criminal offense? If so, it is crucial to seek advice from an experienced Indianapolis criminal defense attorney at Rigney Law LLC. We can help you to determine the strongest defense based on the facts of your case and can help you to fight the charges you are facing.

Sources:

casetext.com/rule/indiana-court-rules/indiana-rules-of-trial-procedure/pleadings-and-motions/rule-8-general-rules-of-pleading

law.cornell.edu/wex/affirmative_defense

statecodesfiles.justia.com/indiana/2014/title-35/article-41/chapter-3/chapter-3.pdf