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A justification defense is a type of defense used in criminal and tort law when the defendant's actions were not intended to break the law. This defense can be used in situations such as self-defense, defense of others, defense of property, or when force is used by public authority.
- What Are The Different Types of Justification Defenses?
- Justification Defense #1: Acting in Self-Defense
- Justification Defense #2: Defense Of, Or Protecting Others
- Justification Defense #3: Necessity Defense
- Justification Defense #4: Defense of Property
- Justification Defense #5: Excuse Defenses
- Get Help from An Experienced Criminal Defense Attorney
A justification defense might be asserted when the incident occurred, but the defendant had a justifiable reason for committing the act. The justification defenses include the following: 1. Self-defense 2. Defense of others 3. Defense of property 4. Necessity 5. Excuse defenses Justification defenses can be asserted as affirmative defenses to crimi...
Self-defense is an affirmative defense that might be raised against assault, homicide, domestic violence, and other similar charges. You can assert this defense under ARS 13-404when you threatened or used physical force to defend against the alleged victim’s threatened violence or violent acts. For example, if a person pointed a gun at you and thre...
Another type of defense strategy that might be used to justify your actions occurred when you acted while protecting otherseven if you were not personally threatened with physical force. This defense is similar to self-defensesince the threat to the other person must be immediate, and the force you use to protect him or she must be proportionate. I...
Under the statute ARS 13-417, Arizona recognizes you can claim necessity defense if your actions in committing a criminal offense were necessary to prevent a greater harm from happening. You can assert this defense if you reasonably believed committing the act was necessary to prevent immediate harm, and the need to prevent the harm outweighs the h...
Under ARS 13-408, you can claim that you acted in defense of property when you used physical force to prevent someone from stealing tangible property in your possession. For example, if a robber grabbed your purse, you would be justified if you assaulted him or her to prevent your purse from being taken from you. You can also claim that you acted t...
Excuse defenses are defenses that might be raised when you admit the act occurred while providing a reason for the court to find you not guilty because you lacked criminal intent or mental capacityat the time you committed the offense. Some types of excuse defenses include the following: 1. Insanity defense 2. Mistake of fact 3. Duress or coercion ...
If you have been charged with a crime, you should meet with an experienced attorney at the Shah Law Firm as soon as possible. We can talk to you about all of the potential justification defense strategiesthat might be raised in your case and work to develop a customized approach for your case. Speak directly to attorney Arja Shah today by calling 6...
Oct 11, 2023 · What Is a Defense Based on Justification? One of the defenses that a defendant may be able to use is that their actions were justified. This defense may be available depending on the circumstances of the incident because some actions are only justified in certain scenarios.
- Categorization of Defenses. Defenses can be categorized as denial or failure of proof, affirmative, imperfect, or perfect. Defenses can also be categorized as factual, legal, based on justification, or excuse.
- Definition of Denial or Failure of Proof and Affirmative Defenses. As stated in Chapter 2, a criminal defendant will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt.
- Example of an Affirmative Defense. A fight breaks out at a party, and Juan is severely injured. Jasmine and Jerome are arrested and charged for battering Juan.
- Burden of Proof for Affirmative Defenses.
Justification defenses include self-defense, defense of others, defense of property, defense of habitation, consent, and necessity, also called choice of evils defenses. Justifications are affirmative defenses for which the defendant must produce some evidence.
This chapter analyzes defenses of justification and excuse. Justifications deny that the defendant’s commission of the offense was wrongful or illegal. They include law enforcement, defensive force, and necessity.
Justification defenses include self-defense, defense of others, defense of property, defense of habitation, consent, and necessity, also called, choice of evils. Justifications are affirmative defenses for which the defendant must produce some evidence.
