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When charged with a crime, the prosecutor – NOT the defense – has the burden of showing the evidence proves the defendant is guilty beyond a reasonable doubt. The defense in turn can reply with various negating or affirmative defenses. A negating defense is one which disproves an element of the prosecutor’s case. An affirmative defense, on the other hand, is essentially when a defendant admits to guilt, but offers additional information showing that based on a preponderance of the evidence his/her actions are justified and/or excused. Examples of affirmative defenses include self-defense, mental illness, and insanity. If you have questions regarding pursuing a defense and developing a case strategy, contact us. (951) 462-1158