Code · Arizona · Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions

13-205. Affirmative defenses; justification; burden of proof

104 words·~1 min read·/az/title-13/13-205

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 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 section 13-411, subsection C and section 13-503.