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An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
Consent can be a defense to any intentional tort, although lack of consent is occasionally incorporated into the definition of an intentional tort, such as trespass to land. However, lack of consent is not always an essential element to establish a prima facie case in such situations. Therefore, it is properly treated as an affirmative defense.
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, an automobile or a home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free ...
However, over recent decades, New York courts have weakened the standing requirement by holding that any objection or defense based on lack of standing is waived if not asserted in an answer or ...
Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against the plaintiff.
Florida is a Stand Your Ground state, which means self-defense is a type of affirmative defense used to avoid the legal effect of an otherwise unlawful violent act in Florida, according to the ...
Mutual combat, or consent to do battle, is an affirmative defense in assault and aggravated assault cases in the Lone Star State. Washington is the only other state in the union that allows this.
Arguably, even affirmative defenses such as "self-defense", insanity, or "mistake of fact" qualify as "actual innocence" claims because while in those cases the accused admits to both their identity as the actor and to the existence of the act ("actus reus"), they are claiming that the State cannot prove that they had the requisite mental state ...