What is an Affirmative Defense in a Felony Case?

Facing felony charges of any type in Colorado can be extremely anxiety-inducing, especially since a felony conviction is likely to result in a sentence that comes with at least some prison time. Under Colorado’s sentencing guidelines, even the least severe felony — a Class 6 felony — comes with a minimum sentence of one year in prison and up to 18 months in prison. For more serious felony charges, ranging from Class 5 felonies up to Class 1 felonies, you can face anywhere from one year in prison up to a sentence of life imprisonment, depending on the specific details of the case and the charges against you. Accordingly, you will want to begin working with an experienced Denver felony criminal defense lawyer as soon as possible so that you can take all possible steps to avoid a conviction.

Developing a strong defense will involve focusing on the specific felony charges you are facing and the particular details surrounding your arrest. In some felony cases, what is known as an “affirmative defense” may be relevant to your case. Our felony defense lawyers can explain in more detail how an affirmative defense works and when it can be relevant to felony charges in Colorado.

Affirmative Defenses Under Colorado Law

Under Colorado law, “the issues of justification or exemption from criminal liability under Sections 1801-701 to 18-1-709 are affirmative defenses.” An affirmative defense is a defense in which the defendant admits that they committed the alleged act but asserts that there is a legal justification for committing the act or acts, or a legal exemption, that excuses them from criminal liability. The types of affirmative defenses that exist under Colorado law include the following:

• Justifiable use of physical force in execution of a public duty (such as by a law enforcement official);
• Choice of evils, meaning that the use of force is justifiable “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”;
• Self-defense, including defense of the self, defense of a third party, or defense of property;
• Justification or exemption from liability when rendering emergency assistance;
• Use of force by peace officers;
• Duress; and

Contact a Denver Felony Defense Attorney Today for Assistance with the Criminal Charges You Are Facing in Colorado

Were you recently charged with a felony offense, but you believe there was a justification for your acts or that you should be exempt from liability for one of the reasons described above under Colorado law? Before you bring up any type of affirmative defense — which involves admitting that you engaged in a specific act or acts, or element of an offense — it is crucial to seek advice from one of the experienced Denver felony criminal defense attorneys at DeChant Law. Contact our firm today to discuss the details of your case and the applications of one of the affirmative defenses set forth under Colorado law.

Sources:

codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-1-710/

cdhs.colorado.gov/sites/cdhs/files/2021-05/felony_sentencing_guidelines.pdf