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Houston DWI Lawyer > Blog > Criminal > Discuss Affirmative Defense Strategies With Your Attorney

Discuss Affirmative Defense Strategies With Your Attorney


When you meet with an attorney following a Texas arrest, they may recommend an affirmative defense strategy. This strategy involves the person who is charged with a crime admitting that they committed the crime, but providing a justification or excuse for the behavior. It’s essentially a defense strategy that relies on proving why a defendant should not be held responsible for their actions.

Most defense strategies hinge on arguing that the defendant did not commit the crime, but an affirmative strategy is different from a traditional path. Discuss if it is possible for you with a skilled Houston criminal lawyer.

Affirmative Defense Must Be Pleaded In Writing

In Texas, an affirmative defense strategy could be used in a variety of criminal cases, including assault, drug possession, and theft. For example, if a person is charged with assault, an affirmative defense strategy could argue that the person acted in self-defense. Or if a person is charged with drug possession, an affirmative defense strategy could argue that the drugs were necessary for the person’s medical treatment.

Sometimes attorneys advise their clients to allow an affirmative defense strategy because it is an opportunity for the lawyer to present evidence and testimony that would normally not be admissible. So, in the self-defense example, an attorney would be able to present evidence of past violent behavior against the charged individual to support the claim that the person acted in self-defense. Or if an attorney is turning to a medical necessity defense after a drug charge, they could use medical records and expert testimony to support the claim that the drugs were necessary for medical care.

Whether your lawyer is working to secure a reduction in charges or a favorable plea deal, all affirmative defenses must be pleaded in writing before a trial. The burden of proof is on the defense, so it is imperative that there is enough evidence to support the strategy.

Your Lawyer Will Assess Your Case

When you hire a Houston criminal lawyer to represent you throughout the legal process, they will first review and analyze the evidence connected to the charges you are facing. Then, they will determine which defense strategies could work to provide a favorable resolution for your unique situation.

For instance, an affirmative defense strategy of duress may be applicable if it can be proven that the crime was committed under threat of harm or violence. Or entrapment could be used if there is evidence that the accused was induced by law enforcement to commit a crime that they otherwise would not have committed.

Have you been wondering what defense strategies would apply to your case? An affirmative defense you never considered could be a good fit for your situation, connect with a Texas criminal attorney to explore this and other options. The legal team at Ayson Law Firm will carefully listen to the facts of your case and advise you on how to protect yourself and your future moving forward. Contact us today for a free consultation.

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