Criminal Trial Defenses

As the name implies, trial defenses are raised during the actual trial and either:

  1. Raise an Affirmative Defense; or
  2. Challenge the Sufficiency of the Evidence

Affirmative Defenses

Under certain circumstances, Florida law allows a person to raise an Affirmative Defense, which does not deny that an offense occurred, but that the conduct was legally justified.

The most common Affirmative Defenses are:

Importantly, when an Affirmative Defense is raised, the defendant must present some evidence to support the defense. If such evidence is presented, the burden shift back to the State to convince a jury beyond a reasonable doubt that the defense is not applicable.

Insufficient Evidence

By far, the most common trial defense is that a case cannot prove beyond a reasonable doubt.

And not only must the prosecutor prove the case beyond a reasonable doubt, each element of the crime charged must be proven beyond a reasonable doubt. So if a pretrial defense was granted, the State may have a difficult time proving an element of a crime at trial.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with a crime in Florida, please contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.