Affirmative Defenses in Georgia

If you have been arrested or have a case against you, you have the right to raise Georgia affirmative defenses that might defeat the claims against you. If you do not raise these defenses, you could be found to have “waived” these defenses and thus compromised the outcome of your case. Some common affirmative defenses include mental illness, self-defense, entrapment, and duress. If the accused is successful in proving their affirmative defense in Georgia, then the claim is either dismissed, or the penalty is reduced.

How are Affirmative Defenses Used?

An affirmative defense is not used to attack an element of the crime. Instead, it is used to justify or excuse the criminal action. For instance, in a simple battery case, an essential element is that the physical harm was done to another. When raising an affirmative defense, you are not arguing that you did not hit the person. You are presenting evidence that you did hit them, but you should not be criminally liable because there was a reason, such as self-defense.

Do I Need an Attorney if an Affirmative Defense Applies in My Case?

Absolutely! Just because you think one applies in your case does not mean it automatically applies, and the charges are dropped. It takes time to investigate your case and comb through the evidence to ensure that the proof supports the affirmative defense. There must be appropriate and sufficient evidence to support the argument.

How Our Georgia Affirmative Defense Lawyers Make the Difference

Proving an affirmative defense applies in your case can be difficult and time-consuming. Many lawyers would rather make a half-hearted attempt and then have you plead guilty while charging you top dollar. However, the Criminal Defense Attorneys at Lawson and Berry have over 50 years of criminal experience and will diligently advocate on your behalf. We will explore every argument and defense that could apply to your case and be fully prepared to negotiate a plea or take the case to trial. Trust your case to someone who cares just as much as you do! We want you to have a better future, and we understand that affirmative defenses can help you achieve the outcome you desire. Contact us now for a free case evaluation.