What are the five types of justification defenses? In the same way, the intoxication defense is also based on the theory that the defendant cannot gather all the elements of the crime because he did not understand what he was doing. Arsenal Attorneys works with firearms instructors to develop self-defense seminars that combine law, practical skills and emergency decision-making. For example, if you shot the victim because he insulted you, that wouldn't qualify as a act of self-defense. Another category of defenses applies when the defendant committed the crime but argues that he was justified in doing so.
In some cases, people accused of crimes may have at their disposal justifying defenses or excuses. Defense attorney Arja Shah can use several different types of defense strategies on your behalf to prove to the court that you are not guilty or that you should not face the most serious penalties due to the circumstances and facts of what happened. While the burden of proof is generally on the prosecution to prove your guilt beyond a reasonable doubt, the burden of proof will fall on you when you present a justifying defense. However, you cannot assert this defense if you created the situation that led you to commit the criminal offense.
For example, if someone threatened you with a firearm and stated that they intended to kill you, shooting at you in that immediate moment could be considered self-defense. The dementia defense can be presented in a murder case where the person admits that they were murdered, but did not know the difference between right and wrong at the time of the murder because of a mental illness. Another type of defense strategy that could be used to justify your actions is when you acted while protecting other people, even if they didn't personally threaten you with physical force. You can assert this defense if you reasonably believed that committing the act was necessary to avoid immediate harm, and the need to prevent the harm outweighs the harm you caused by breaking the law.
For example, if you find someone standing with a can of spray paint pointed at your car, you can defend your property if you hit the can and pull the person out of their hand and have caused injuries to prevent them from damaging your vehicle. A justifying defense could be presented when the incident occurred, but the defendant had a justifiable reason for committing the act. Under Arizona laws (ARS 13-205), defendants who present justifying defenses have the burden of proving them based on the preponderance of the tests. If you have been charged with a crime in Arizona, you should hire an experienced criminal defense attorney to help you defend yourself against your charges.
