Affirmative Defense

An explanation for a defendant‘s actions that excuses or justifies his/her behavior. For example, in a criminal case, acting in self-defense is a common affirmative defense to a charge of battery or homicide. Other affirmative defenses include insanity and duress. In a civil action, common affirmative defenses are the other party breached the contract first and the other party is at fault for her/his injuries.