Criminal Defense Lawyer in North Texas
In a typical criminal case, the burden of proof rests entirely on the prosecution to prove every element of a crime “beyond a reasonable doubt.” However, there is a unique legal strategy known as an Affirmative Defense.
At Beltz Law Group, we believe our clients should understand every tool available for their defense. While a standard defense often focuses on poking holes in the prosecution’s evidence, an affirmative defense takes a different approach: it essentially says, “Even if the facts alleged are true, there is a legal justification that excuses the conduct.”
What is an Affirmative Defense?
Under Texas Penal Code Section 2.04, an affirmative defense is a specific legal claim that, if proven, mitigates or eliminates criminal liability. Common examples in Texas include insanity, duress, or entrapment.
Breaking Down Texas Penal Code Section 2.04
The statute provides four key rules for how these defenses work in a courtroom:
1. Identification (Sec. 2.04(a))
An affirmative defense must be specifically labeled as such within the Texas Penal Code. You will see the phrase: “It is an affirmative defense to prosecution…” linked to specific crimes or circumstances.
2. The Prosecution’s Role (Sec. 2.04(b))
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Unlike the primary elements of a crime, the prosecuting attorney is not required to disprove an affirmative defense in the initial charging document (the indictment or information). They don’t have to “negate” its existence; the responsibility to bring it up lies with the defense.
3. Submitting to the Jury (Sec. 2.04(c))
An affirmative defense isn’t just “given” to the jury. The judge will only instruct the jury to consider the defense if evidence is admitted supporting it. This means the defense must present credible evidence during the trial—through testimony or exhibits—to “raise” the issue.
4. The Shifted Burden of Proof (Sec. 2.04(d))
This is the most critical distinction. When an affirmative defense is submitted to the jury, the burden of proof shifts.
According to Section 2.04(d), the defendant must prove the affirmative defense by a preponderance of evidence.
“Preponderance of Evidence” vs. “Beyond a Reasonable Doubt”
While the State must still prove the underlying crime “beyond a reasonable doubt,” the defendant only needs to prove their affirmative defense to a lower standard: a preponderance of evidence.
In legal terms, this means “more likely than not” (essentially a 51% certainty). If the jury believes it is more probable than not that the affirmative defense applies, they must acquit the defendant, even if the prosecution proved the basic facts of the crime.
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Why You Need Skilled Legal Counsel
Invoking an affirmative defense is a high-stakes decision. Because it often involves admitting that the underlying conduct occurred (e.g., “I did take the vehicle, but I was under duress”), it requires a precise and aggressive legal strategy.
At Beltz Law Group, we analyze every detail of your case to determine if an affirmative defense—such as self-defense, mistake of fact, or necessity—is the right path to protecting your freedom. We understand how to gather the evidence necessary to meet the “preponderance” standard and effectively present it to a Texas jury.
