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Denver Affirmative Defenses in Criminal Cases: What Are Affirmative Defenses in Colorado?

Posted by Unknown | Aug 08, 2016 | 0 Comments

In Denver, Archuleta County and everywhere else in Colorado, affirmative defenses are sometimes used in criminal cases when a person's unlawful conduct is  justifiable under special circumstances. These special circumstances are defined as affirmative defenses.  Under an affirmative defense, the accused actually admits to committing a criminal offense, but argues that their conduct meets the narrow definition of an affirmative defense. There are many different types of affirmative defenses in Colorado. In today's blog, we'll discuss three types of affirmative defenses.

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Use of Physical Force – Special Relationships Affirmative Defense: Attorney in Jefferson County

In Jefferson County and across Colorado, C.R.S. 18-1-703 defines the affirmative defense of Use of Physical Force – Special Relationships. Here, the use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under these circumstances:

  1. A parent, guardian or other person caring for a minor or incompetent person, or a teacher or other person caring for a minor, using physical force when they are trying to discipline or promote the welfare of the minor or incompetent person;
  2. A superintendent or other authorized official of a detention facility using physical force to maintain order and discipline;
  3. A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under his direction, using physical force to maintain order and discipline;
  4. A person who believes another person is about to commit suicide or inflict serious bodily injury upon himself, using physical force upon that person to the extent it's necessary to stop the suicide or injury;
  5. A duly licensed physician, advanced practice nurse or a person acting under his or her direction, using physical force for the purpose of administering a recognized form of treatment that they believe to be adapted to promoting the physical or mental health of the patient. The treatment must be administered with consent or administered in an emergency.

Choice of Evils as Affirmative Defense in Douglas County, Colorado

C.R.S. 18-1-702 defines Choice of Evils as an affirmative defense in Castle Rock, Douglas County and across Colorado, as:

“…conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.”

Imagine the situation where your child falls off the playground while playing and breaks her leg. While clearly an emergency, you end up speeding and getting into an accident on the way to the hospital. The Choice of Evils affirmative defense could likely apply in your case in the dismissal of Speeding or Careless Driving charges.

Self Defense Lawyer in Arapahoe County:  Self Defense as Affirmative Defense in Colorado

Self-defense is another affirmative defense in Arapahoe County and across Colorado. Under C.R.S. 18-1-704, it's defined as Use of Physical Force in Defense of a Person. This defense provides that:

“a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.” If accused of a crime such as Assault or Harassment, for example, when you believed you were defending yourself from unlawful physical force, the affirmative defense of self-defense may be used. You may admit to committing the assault or harassment, but that you committed the crime because you were protecting or defending yourself.

Lawyer for Affirmative Defenses in Denver: Call the O'Malley Law Office

In many cases, police are not well educated on the types of affirmative defenses in Denver, Highlands Ranch and across Colorado. As a result, many people face charges or accusations where an affirmative defense applies. Because affirmative defenses exist and can be used in some criminal cases, it's vital you consult an experienced criminal defense lawyer immediately if accused of a crime. The lawyers at the O'Malley Law Office will fight hard for case dismissals or acquittals where an affirmative defense applies.

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If you have more questions about the types of affirmative defenses across Colorado, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

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