Criminal Trial Defenses

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

The most common trial defense is that a case cannot be proven beyond a reasonable doubt.

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:

• Advice of Counsel
• Alibi
• Duress
• Entrapment
• Insanity
• Necessity
• Self Defense

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 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.