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Current as of January 01, 2025 | Updated by Findlaw Staff
A. Except as otherwise provided by law, a defendant shall prove any affirmative defense raised by a preponderance of the evidence. Justification defenses under chapter 4 of this title are not affirmative defenses. Justification defenses describe conduct that, if not justified, would constitute an offense but, if justified, does not constitute criminal or wrongful conduct. If evidence of justification pursuant to chapter 4 of this title 1 is presented by the defendant, the state must prove beyond a reasonable doubt that the defendant did not act with justification.
B. This section does not affect the presumption contained in § 13-411, subsection C and § 13-503.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 13. Criminal Code § 13-205. Affirmative defenses; justification; burden of proof - last updated January 01, 2025 | https://codes.findlaw.com/az/title-13-criminal-code/az-rev-st-sect-13-205/
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