Affirmative Defense

What is Affirmative Defense?

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.

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Is Self Defense an Affirmative Defense?

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.

Other Types of Affirmative Defense

Other types of affirmative defense include:

• Duress
• Entrapment
• False Arrest
• Illegal Search and Seizure
• Impairment of Grand Jury Process
• Insanity Defense
• Mistaken Identity
• Police/Government Misconduct

If you’ve been charged with a serious crime you could be facing a serious consequences. Affirmative defense cases tend to be very complex and require a high legal of legal experience. Attorney Brad Bailey has the experience and know-how required to actively focus on achieving a favorable outcome for your 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.”

Contact a Boston Criminal Defense Lawyer Today

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.

Additional achievements of Brad Bailey include:

• As a former prosecutor Brad achieved successful outcomes in 96% of all his cases.
• As a federal prosecutor he never lost a single case.
• Has presented cases 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.

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.