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

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.

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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