Criminal Trial Defenses
As the name implies, trial defenses are raised during the actual trial and either:
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.
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 Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.