What are the different types of criminal defenses?

In South Carolina, there are several types of criminal defenses available to defendants in criminal proceedings. Generally, the types of criminal defenses are divided into two categories: affirmative defenses and general defenses. Affirmative defenses are defenses that must be affirmatively proven by the defendant in their criminal trial. Generally, these defenses prove that, either at the time of the crime or afterward, the defendant had some type of legal justification or excuse for their action. Common affirmative defenses include self-defense, duress, insanity, intoxication, and entrapment. General defenses are defenses that do not require the defendant to prove their innocence at trial. Instead, these defenses are raised by a defendant’s lawyer in order to challenge the state’s evidence or to argue that the state has failed to prove their case beyond a reasonable doubt. Common general defenses include alibi defenses, which challenge the state’s claim that the defendant was in the location of the crime, and statute of limitations defenses, which are raised when the state has waited too long to file charges. Ultimately, the type of defense a defendant chooses to use in South Carolina depends on the specific facts of the case. As such, any person facing criminal charges should always consult an attorney in order to discuss their options.

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What are the different types of criminal defenses?

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