What are Criminal Affirmative Defenses in Florida?

What are criminal affirmative defenses in Florida? An affirmative defense is a legal strategy wherein an attorney does not argue against the presumed fact that a crime did take place. When working with an experienced Tampa criminal defense attorney, they may decide this approach to be ideal for your case.

Looking at Criminal Cases in Florida

In Florida, criminal affirmative defenses are typically needed for crimes like murder, assault, or theft, where the defendant admits to the act but claims justification or excuse, such as self-defense, insanity, or duress.

In 2023, for every 100,000 people, 290 violent crimes and 1,516 property crimes were committed in Florida. Compared to the 50-state average, the violent crime rate in 2023 in Florida was 22.5% lower, and its rate of property crime was 20.9% lower.

Criminal cases in Tampa and other cities in the Hillsborough County area are processed at the county’s Courthouse Annex, which is located at 401 N. Jefferson Street in Tampa. Some criminal charges within the eastern portion of the county may be processed at the Plant City Courthouse, located at 301 North Michigan Ave in Plant City. Federal charges are likely to be handled at the Sam M. Gibbons United States Courthouse, at 801 N. Florida Avenue in Tampa.

What Is a Criminal Affirmative Defense?

When many people think of a criminal court trial, they think of defense attorneys arguing that the prosecution’s evidence is insufficient or incorrect. In certain cases, this may be the most effective defense approach. However, it is not always the most logical or advantageous strategy, depending on the circumstances of your case.

A criminal affirmative defense is a type of legal strategy where the defendant and their legal team don’t argue against the prosecution’s assertion that illegal activity took place. Instead, the defense argues that the defendant committed the crime under specific or justified circumstances that mitigate or excuse their actions.

In an affirmative defense approach, the defense assumes the prosecution’s argument successfully establishes all the elements that prove a crime took place. The goal of an affirmative defense strategy is to prevent a criminal conviction or lessen the charges against the defendant. These are some of the most common types of criminal affirmative defenses in Florida:

• Alibi. By asserting that a defendant had an alibi during the time a crime took place, a lawyer isn’t arguing that an illegal act did in fact take place but rather that the defendant was not the perpetrator nor present at the scene of the crime.
• Coercion or entrapment. Coercion is a defense that argues the defendant was compelled or forced to act against their own will or in a manner they otherwise would not have if there was no outside influence, intimidation, or threats. Entrapment specifically refers to coercion committed by law enforcement officials.
• Duress or necessity. A defense of duress asserts that the defendant participated in illegal acts due to the threat of immediate bodily injury to or death of another person or themselves. Necessity is a related defense wherein the defendant argues they committed a crime in order to prevent greater harm from happening, such as to save a person’s life.
• Insanity. While not a valid defense in the majority of cases, in some instances, a defendant’s attorney may argue that the accused was mentally insane at the time of the crime. Therefore, the defendant did not understand the consequences of their actions or that they did not know what they were doing was considered wrong. Insanity must be established with a “clear and convincing standard of proof.
• Involuntary intoxication. Defense argument that asserts the defendant was intoxicated without their consent or knowledge and therefore is not responsible for the unlawful acts they participated in.
• Mistake of fact. By arguing a mistake of fact, the defendant’s attorney establishes that the accused party committed a crime due to making a mistake about a fact that would have prevented them from doing the illegal act had they known the truth.
• Self-defense. An assertion of self-defense argues that the accused was justified in threatening to use or utilizing force or violence in order to protect themselves, another person, or in some cases, their personal property. For this defense to be successful, it must be shown that the force was necessary and reasonable given the situation.
• Statute of limitations. This basic defense strategy relies on the claim that the time period during which charges can be legally brought against a particular crime has passed, rendering the case invalid.

FAQs

Q: What Is an Affirmative Defense in Florida Crime Law?

A: In Florida criminal law, affirmative defenses are a broad category of arguments that presume the prosecution’s assertion that a crime took place to be true. Instead of trying to dismantle the prosecution’s argument, the defense argues there is a lawful justification or explanation for the defendant’s level of involvement in the crime.

Q: What Are the Different Types of Affirmative Defenses?

A: In Florida, there are several types of affirmative defenses a criminal lawyer may choose to utilize in order to support an argument or specific element of a case. The approach can vary depending on the circumstances. Some common affirmative defenses include the defendant having an alibi, acting in self-defense, or committing the crime under duress.

Q: Would an Affirmative Defense Work for My Case?

A: It’s difficult to know whether an affirmative defense may be a viable or advantageous option for your case without consulting an experienced criminal attorney. Some cases may not necessitate or even benefit from an affirmative defense. Your lawyer can determine the ideal strategy for your case after reviewing the details and evidence available.

Q: Is There an Insanity Defense in Florida Criminal Law?

A: Yes, Florida criminal law does recognize the insanity defense as valid, although this type of affirmative defense is difficult to successfully argue. The affirmative defense of insanity asserts that the defendant was mentally infirm, diseased, or defective when the crime was committed and therefore cannot be held responsible for their actions.

Strong Legal Counsel in Tampa, FL

You can feel confident about your legal counsel and representation when working with the professional team at Paul Figueroa Law. Reach out to us today to schedule a consultation with a knowledgeable and dedicated criminal defense attorney.