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Legal concept

Affirmative Defense

A defense in which, once raised, the district attorney must not only prove every element of the offense but also disprove the defense beyond a reasonable doubt.

What Right Law Group attorneys say

one of the more common defenses that we see though is the defense of self-defense and self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense an affirmative defense means the district attorney has to prove elements against a defendant so they have to prove every single element beyond a reasonable doubt in order to get a conviction at a jury trial within a an affirmative defense it raises the bar or raises the standard for the district attorney so not only does the district attorney have to prove every single element of the offense but they also have to disprove the act of self-defense
Alexis Austin Litle · Common Defenses In DV Cases // Right Law Group #coloradoWatch clip ↗
the injury is difficult because law enforcement may not see injuries on her but sees that bite mark but in that case we can use the affirmative self-defense claim now if this were to go to trial in this hypothetical example then the district attorney would have to prove not only that the woman caused the injury to the man but that she also did it and it was not an act of self-defense so self-defense is a very very solid defense strategy if we have the facts available to us to use that approach
Alexis Austin Litle · Common Defenses In DV Cases // Right Law Group #coloradoWatch clip ↗
self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense an affirmative defense means the district attorney has to prove elements against a defendant so they have to prove every single element beyond a reasonable doubt in order to get a conviction at a jury trial within a an affirmative defense it raises the bar or raises the standard for the district attorney so not only does the district attorney have to prove every single element of the offense but they also have to disprove the act of self-defense
Alexis Austin Litle · Common Defenses In DV Cases // Right Law Group #coloradoWatch clip ↗

Frequently asked questions

Can I Really Get a DUI on a Bike?

Right Law Group's guide explains: "In recent years, bicycling has transitioned from a fun activity to a serious mode of transportation. Just as with drinking while driving, drinking while cycling has become a law enforcement challenge."

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Could a simple mistake on the parks or trails get me charged with trespassing?

Right Law Group's guide explains: "Living in Castle Rock, you likely enjoy the beautiful parks and trails that wind through our community. However, a simple mistake could land you with a trespassing charge and serious legal consequences."

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How does raising self-defense increase what the district attorney must prove in my case?

Alexis explains: "self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense an affirmative defense means the district attorney has to prove elements against a defendant so they have to prove every single element beyond a reasonable doubt in order to get a conviction at a jury trial within a an affirmative defense it raises the bar or raises the standard for the district attorney so not only does the district attorney have to prove every single element of the offense but they also have to disprove the act of self-defense"

Answered by Alexis Austin Litle · Watch clip
How does the prosecution have to prove its case against me in a criminal trial?

Right Law Group's guide explains: "You’re facing some serious charges, and you might be wondering how the prosecution plans to prove their case against you."

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How is second-degree burglary defined in Colorado, and what prison time and parole does a conviction carry?

Right Law Group's guide explains: "Charged as class 4, it is punishable by two to six years in prison and a mandatory three-year parole term. Second-degree burglary in Colorado is defined as unlawfully entering a building with intent to commit a crime."

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Is third-degree burglary a felony in Colorado, and what prison time and fines does it carry?

Right Law Group's guide explains: "It is a Class 5 felony and is punishable by up to three years in prison and $100,000 in fines. Rev. Stat. § § 18-4-202, 18-4-203, 18-4-204, 18-4-205."

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What are the penalties for possession of burglary tools in Colorado, and can I be charged without intent to enter a dwelling?

Right Law Group's guide explains: "It is a Class 5 felony and is punishable by up to three years in prison and $100,000 in fines. If the District Attorney cannot prove that a person knowingly possessed the tools with the intent to forcibly enter a dwelling, they can still charge a Class 2 misdemeanor for simply possessing the tools."

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What does first-degree burglary under CRS 18-4-202 mean in Colorado, and what penalties does it carry?

Right Law Group's guide explains: "18-4-202. First degree burglary. Colorado Statute CRS 18-4-202, known as first-degree burglary, is a Class 3 felony offense punishable by up to 12 years in prison and/or up to $750,000 in fines."

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What if police only saw the other person's injury and not mine when I was defending myself?

Alexis explains: "the injury is difficult because law enforcement may not see injuries on her but sees that bite mark but in that case we can use the affirmative self-defense claim now if this were to go to trial in this hypothetical example then the district attorney would have to prove not only that the woman caused the injury to the man but that she also did it and it was not an act of self-defense so self-defense is a very very solid defense strategy if we have the facts available to us to use that approach"

Answered by Alexis Austin Litle · Watch clip
Why is self-defense considered a strong affirmative defense in a domestic violence case?

Alexis explains: "one of the more common defenses that we see though is the defense of self-defense and self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense an affirmative defense means the district attorney has to prove elements against a defendant so they have to prove every single element beyond a reasonable doubt in order to get a conviction at a jury trial within a an affirmative defense it raises the bar or raises the standard for the district attorney so not only does the district attorney have to prove every single element of the offense but they also have to disprove the act of self-defense"

Answered by Alexis Austin Litle · Watch clip

Each answer links directly to the source where a Right Law Group attorney addressed this question.

10 answers grounded in Right Law Group sources

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What clients say

The situation

Got into a DV case because of an ex I let back in the home and made my life very hard

What changed

he fought hard for me

The result

they dismissed the whole case

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What changed

their belief of my side and story and their knowledge in the legal system they were able to get my case dismissed

The result

get my case dismissed

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