06-03-2011, 03:54 PM
You're wrong, Ima.
Quote:Affirmative Defenses
Under certain circumstances, Florida law allows a person to raise an Affirmative Defense, which does not deny that an offense occurred, but that the conduct was legally justified.
Importantly, when an Affirmative Defense is raised, the defendant must present some evidence to support the defense.
If such evidence is presented, the burden shift back to the State to convince a jury beyond a reasonable doubt that the defense is not applicable.