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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

18-4-202. First degree burglary.

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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18-4-203. Second degree burglary.

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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18-4-204. Third degree burglary

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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18-4-205. Possession of Burglary Tools

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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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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one of the more common defenses that we see though is the defense of self-defense and self-defense is an especially stro...

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
self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense...

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
the injury is difficult because law enforcement may not see injuries on her but sees that bite mark but in that case we...

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
Trespassing Lawyer

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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Understanding the Burden of Proof in Criminal Cases

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

10 answers grounded in Right Law Group sources

Related charges

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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

Jacob D. Gannon Becker★★★★★Google verified
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

Cristina W. Zoe Levesque★★★★★Google verified
View all testimonials ›

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