Texas Penal Code Practice

Question: 1 / 400

Which defense is considered an affirmative defense in Texas?

Saying you were not present during the crime.

Claiming coercion by another party.

Admitting the act but asserting a legal justification.

An affirmative defense involves the defendant acknowledging that they committed the act in question but asserting that there are justifiable reasons for the action, which should absolve them of legal liability. In Texas, claiming legal justification can include defenses such as self-defense, defense of others, or necessity. By admitting to the act while presenting a legal reason for why it was justified, the defendant shifts the burden of proof to the prosecution to disprove that justification.

In contrast, simply stating you were not present during the crime is more of a denial defense, where the defense does not take ownership of the act. Claiming coercion also requires evidence and might not be accepted as an affirmative defense unless it meets specific legal criteria. Lastly, arguing that no crime was committed at all falls under the denial of the act rather than a justification of it. Thus, the act of acknowledging the conduct and presenting justification correctly characterizes the nature of an affirmative defense in the Texas Penal Code.

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Arguing that no crime was committed at all.

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