Affirmative Defense

Affirmative Defense

An affirmative defense is a legal justification or excuse presented by a defendant in a civil or criminal case that, if accepted by the court, could negate or reduce liability or criminal responsibility, even if the claims made by the plaintiff are true. This type of defense introduces new evidence or arguments that counter the plaintiff’s allegations.

For instance, in a breach of contract case, the defendant may assert an affirmative defense of duress, claiming that they were forced into the contract under threat of harm. Similarly, in a criminal case, a defendant might argue self-defense as an affirmative defense to charges of assault, stating that they acted to protect themselves from imminent harm.

The key aspect of an affirmative defense is that it typically requires the defendant to bear the burden of proof to establish the defense’s validity, often needing to provide evidence or testimony to support their claims.