Affirmative Defense

 

As a former state prosecutor Brad achieved successful outcomes in 96% of all his cases. As a federal prosecutor he never lost a single case. During the past 10 years he's brought that same level of professionalism and work ethic to his criminal defense practice which includes the defense of cases and matters before Federal District Court, the Superior Court, the Supreme Judicial Court and Court of Appeals, District and Juvenile Courts, the SEC, NASD, MSD and NYSE.

Sometimes, there can be extenuating circumstances in criminal law that warrant a category of defense referred to as an "Affirmative Defense". Many affirmative defenses can be classified as justification defenses, or excuse defenses. Affirmative defenses operate to limit, excuse or avoid a defendant's criminal culpability even if the facts of the plaintiff's claim are admitted or proven. In fact, the defendant usually must affirmatively come forward with some evidence that the defense exists; hence, "affirmative" defenses.

A clear illustration of an affirmative defense is self-defense. In its simplest form, a criminal defendant may be exonerated if he can demonstrate that he had an honest and reasonable belief that his conduct was necessary to protect himself from another's use of unlawful force.

Among the most controversial affirmative defenses is the insanity defense, whereby a criminal defendant, shown to be insane at the time of his crime, seeks commitment to a mental institution in lieu of imprisonment.

If you've been charged with a serious crime you could be facing a serious jail sentence. Affirmative defense cases tend to be very complex and require a highly experienced attorney. Brad will actively focus on achieving a favorable outcome for your individual case.

Brad's view on the practice of law is best stated when he says, "As a state and federal prosecutor I was trained to think inside the box; to routinely place things within the context of office policy and legal precedent. Now, as an experienced criminal defense attorney handling difficult and sophisticated cases, I am motivated and driven to think outside the box and consistently try to take my cases places where no defense attorney has thought of going."

Brad is admitted to practice in the Commonwealth of Massachusetts, New York, the United States District Court of Massachusetts, and in the United States Court of Appeals for the 1st Circuit. He has also been admitted to practice law pro hac vice in NH, CT, NJ, MD, WI, AZ, and CA.

If you have been charged with a major crime or would like to discuss a legal matter that would warrant an affirmative defense please let Brad know as soon as possible. It's extremely important to have defense counsel by your side as early as possible in the process. Brad can be reached immediately by filling out the following form.