ABA Family Legal Guide

Criminal Justice

Court Procedures

Defenses Against Criminal Charges

What are my possible defenses?

In arguing an affirmative defense, a defendant accepts that the elements of the crime have been shown, but argues that the acts were justified or excuse the crime. A person accused of aviolent crime will not be found guilty if he establishes that he was justified in using the force involved; this is generally referred to as self-defense, but it might involve defense of another or defense of property. Another defense is that the defendant was forced by another to commit the crime and had no alternative but to do the acts involved. There are other defenses, which are rarely successful, such as asserting that the defendant was insane at the time of the crime, or that the defendant improperly was induced by the government to commit the crime (entrapment), or that natural forces outside of the defendant's control forced him to commit the crime in order to prevent greater injury (necessity).

A defendant may provide evidence showing that the state has failed to prove the elements of the crime. This is not strictly a defense. A defendant also may present alibi evidence showing that he was not at the scene of the crime when he is alleged to have committed it.