Waldorf, Maryland Criminal Defense: What is an “Affirmative Defense” in Maryland and Why Does It Matter?
A Maryland criminal defense aims to beat the charges and keep you out of jail. Any defense that works is a good criminal defense. That being said, there are some important legal nuances among and between various types of criminal defenses. And those nuances must be understood to enhance your chances of getting an acquittal. Thus, there are “standard” criminal defenses and other defenses which are called “affirmative defenses” under Maryland law. If you have been arrested or charged with a crime in Maryland, you need the best criminal defense. Call us here at the Law Office of Robert Castro at (301) 705-5137. We are available around the clock, 24/7. In this article, we provide an explanation of some of the more important differences between standard defenses to a crime and affirmative defenses.
As noted, standard defenses and affirmative defenses can lead to an acquittal. But an important distinction is that an affirmative defense MUST be declared to the judge and to the prosecuting attorneys. This is generally done through filing a pleading or stating the affirmative defense in open court. An example of an affirmative defense is self-defense/defense of others. This might be used in a homicide, gun discharge case, or for an assault/battery. In many cases, failure to announce that an affirmative defense will be used means that the affirmative defense is waived. That is, you will not be able to use the defense later in the case.
This is a particularly important nuance, and if an affirmative defense is available under the facts of your case, you want your attorney to announce the affirmative defense and avoid waiving it. This is one reason it is important to retain Maryland criminal defense attorneys who understand Maryland criminal defense law.
Another key difference between standard criminal defenses — like innocence — and affirmative defenses is the shifting of the burden of proof. Generally, the prosecuting attorneys have the burden of proving that the crime was committed. The level of proof is called “beyond a reasonable doubt.” However, when the criminal defendant offers an affirmative defense, the defendant has the burden of proving the defense. Let’s look at an example involving another affirmative defense: entrapment. Entrapment is an affirmative defense that can be used to obtain an acquittal from a jury. Essentially, the claim is that law enforcement officials originated the idea for the crime involved, that the defendant was induced to commit the crime and had no predisposition to commit the crime. When raised, the criminal defendant has the burden of providing enough evidence to prove entrapment to the jury. And importantly, the burden of proof is much lower than beyond a reasonable doubt. Affirmative defenses must be proven by “a preponderance of evidence,” a much easier standard to reach.
Other affirmative defenses include insanity, statute of limitations, necessity, duress, and more.
Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD, criminal defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
