My question involves criminal law for the state of: OK
I am starting law school in the fall and doing some studying of criminal procedures. I have attended a few trials and have some procedural questions if anyone is willing to elaborate.
1. I understand what an affirmative defense is but unclear when and how that defense is asserted? If a case has been set for trial, can the defense be raised at trial or must it be presented by way of motion under state statute within a certain time frame?
2. If an affirmative defense is asserted either before or during a trial, must that defense be the entire defense strategy?
I will provide an example: Bobby says that John cut his arm with his watch. John says that Bobby grabbed him first and any scratch that may have occurred was purely an accident as he was just trying to get away from Bobby. In this case, you have no intent to cause harm but you also have an affirmative defense as self defense.
At trial would you be able to raise multiple defenses such as intent has not been proven BUT if by some long stretch a jury feels intent is proven, there is also an affirmative defense available as self defense. It seems proper to have all possible defenses on the table. On one hand, if intent is not proven, you don't need self defense as a defense. On the other, if at a trial, intent is proven, then self defense is available for consideration.
John did not mean to cause injury so it would seem concerning to motion to assert self defense if that includes saying "I did it but here is my defense" if intent may not be provable.
I am starting law school in the fall and doing some studying of criminal procedures. I have attended a few trials and have some procedural questions if anyone is willing to elaborate.
1. I understand what an affirmative defense is but unclear when and how that defense is asserted? If a case has been set for trial, can the defense be raised at trial or must it be presented by way of motion under state statute within a certain time frame?
2. If an affirmative defense is asserted either before or during a trial, must that defense be the entire defense strategy?
I will provide an example: Bobby says that John cut his arm with his watch. John says that Bobby grabbed him first and any scratch that may have occurred was purely an accident as he was just trying to get away from Bobby. In this case, you have no intent to cause harm but you also have an affirmative defense as self defense.
At trial would you be able to raise multiple defenses such as intent has not been proven BUT if by some long stretch a jury feels intent is proven, there is also an affirmative defense available as self defense. It seems proper to have all possible defenses on the table. On one hand, if intent is not proven, you don't need self defense as a defense. On the other, if at a trial, intent is proven, then self defense is available for consideration.
John did not mean to cause injury so it would seem concerning to motion to assert self defense if that includes saying "I did it but here is my defense" if intent may not be provable.
Pretrial Motions: How to Assert an Affirmative Defense in a Criminal Case
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