An affirmative defense would lead to an acquittal even in cases where a prosecutor proved every single component of a criminal charge. The types of affirmative defenses available would vary according to a state's laws, and some of these laws are extremely controversial. But many of these defenses stem from constitutionally protected rights and could be used by a defendant anywhere in the country.

While in many cases, a criminal defense attorney is going to try to whittle away at a prosecution's case, showing that they cannot prove every aspect of the charge, a different tack can still achieve an acquittal. These affirmative defenses can include insanity, mistake of fact, intoxication, and self-defense. There is also the defense that a charge was filed past the criminal statute of limitations, which again, vary according to state law. These deadlines for filing charges are meant to only allow for criminal charges within a time when evidence and witnesses could still be found, and be reliable. While you need to look into your own state's laws on this matters, it is pretty typical for a serious felony charge to have a six-year time limit, while misdemeanors would have two years. A petty misdemeanor or an infraction may have a time limit of only six months. If a charge was filed after the set deadline, then it is up to a defendant to bring this up as an affirmative defense.

When does this timer start running? If a crime is one that lasts weeks, perhaps years even, then it varies. Also, the clock can stop when someone leaves the state where the offense was said to have been committed. Unless the suspect is living at a permanent residence or working at a steady job in the same state as the crime, the clock will not be going, which would extend the statute of limitations.

Now there is no statute of limitations for murder. To prove a murder charge, a prosecutor would have to establish that a person died, was killed by another person, a person who meant to kill. Even if a prosecutor can fully prove this, a defendant could prove that he or she only killed someone else after that person first attacked them. If self-defense can be proven, then the defendant would be acquitted. A more controversial form of this affirmative defense is "stand-your-ground" law.

How does an affirmative defense work? While a prosecutor has to prove beyond a reasonable doubt, a defense lawyer might have to give a preponderance of the evidence, which can be a slightly lesser burden of proof. Again, what constitutes an affirmative defense will vary, and greatly, among states. One big example is the affirmative defense of insanity. In some states, it is up to the prosecutor to prove that the defendant was mentally capable of having criminal intent. In other states, it is up to the defense to offer the mental state as an affirmative defense. The burden of proof will be different in each state's courtrooms.

And within states, the laws are evolving as well. Even laws concerning the statute of limitations are being altered. In some states, if there is DNA evidence for a sex charge, then the statute of limitations would only go a year from the time the evidence was obtained, no matter how much later this is than the crime itself. States also vary on the time limits to bring charges against a minor younger than 18 years old (there usually is no time limit before that age).

This is how vital it is to have a local criminal defense attorney on your side, one who is familiar with how your state's laws will affect your case. Whatever criminal charges you face, the rest of your life could be affected if the charges are allowed to become convictions on your personal record. Get time on your side. Start looking through our directory for the legal expert you need today!