Nevada, TX asked in Criminal Law for Texas

Q: Please define "A Defense to Prosecution"; what does this mean and what does it encompass?

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2 Lawyer Answers
Anna Summersett
Anna Summersett
Answered
  • Criminal Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: It is a legal defense to being prosecuted for the the commission of a crime. There are multiple different types of defenses and they differ depending upon the crime alleged. You will need to consult with an experienced, local criminal defense attorney about your situation.

Brian John Willett
Brian John Willett
Answered
  • Criminal Law Lawyer
  • Arlington, TX
  • Licensed in Texas

A: A defense to prosecution is a legal reason why you cannot be charged with a criminal offense. Sometimes you will see them listed as affirmative defenses. This is a procedural difference between a regular defense and an affirmative defense. With an affirmative defense it is the burden of the defense to prove the "defense" by a preponderance of the evidence 51% and if that is accomplished then the State must prove it's absence beyond a reasonable doubt or you will be found not guilty..

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