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When arguing an affirmative defense, a defendant must meet the ?preponderance of the evidence? burden of proof ? a much lower standard. Subsequently, the burden of proof shifts back to the prosecution who must disprove the affirmative defense raised beyond a reasonable doubt.

With the exception of alibi, most affirmative defenses are based on either justification or excuse. Typically, justification and excuse defenses admit that the defendant committed the criminal act with the requisite intent, but insist that the conduct should not be criminal.

In criminal law, an affirmative defense is sometimes called a justification or excuse defense.

An affirmative defense is a defense which will counteract one element of a criminal or civil charge, but not the charge itself, while the standard defense or a negating defense will deign the evidence in support of the charge.