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Call Now: 904-383-7448A defense based upon any of the provisions of this article is an affirmative defense.
(Code 1933, § 26-907, enacted by Ga. L. 1968, p. 1249, § 1.)
- For survey article on criminal law, see 60 Mercer L. Rev. 85 (2008).
Affirmative defense admits doing act charged, but seeks to justify, excuse, or mitigate it. Cowart v. State, 136 Ga. App. 528, 221 S.E.2d 649 (1975), overruled on other grounds, 137 Ga. App. 735, 224 S.E.2d 856, aff'd, 237 Ga. 282, 227 S.E.2d 248 (1976).
- Charges which place any burden of persuasion upon defendant in criminal cases shall not be given and such charges will be deemed erroneous and subject to reversal, absent harmless error and invited error; even when defendant raises one of the affirmative defenses defined in the Criminal Code (see O.C.G.A. Ch. 3, T. 16), the burden of proof still rest entirely upon the state as it does with all other issues in the case. Perkins v. State, 151 Ga. App. 199, 259 S.E.2d 193 (1979); State v. McNeill, 234 Ga. 696, 217 S.E.2d 281 (1975).
Trial court erred in failing to charge the jury that the state had the burden of disproving defendant's affirmative defense of accident beyond a reasonable doubt. Griffin v. State, 267 Ga. 586, 481 S.E.2d 223 (1997).
Burden of putting forward affirmative defense is on defendant, though the state has the burden of disproving the affirmative defense beyond a reasonable doubt. State v. McNeill, 234 Ga. 696, 217 S.E.2d 281 (1975).
Defendant need not negate any elements of crime which state must prove to convict. Holloway v. McElroy, 241 Ga. 400, 245 S.E.2d 658 (1978).
Burden placed on defendant to excuse homicide is an affirmative defense. Holloway v. McElroy, 241 Ga. 400, 245 S.E.2d 658 (1978).
- Mistake of fact defense was not applicable because the defendant did not admit participation in the murder and, in fact, denied any involvement. Murphy v. State, 280 Ga. 158, 625 S.E.2d 764 (2006).
For discussion of entrapment as affirmative defense, see State v. McNeill, 234 Ga. 696, 217 S.E.2d 281 (1975).
Cited in Chambers v. State, 127 Ga. App. 196, 192 S.E.2d 916 (1972); Rivers v. State, 250 Ga. 288, 298 S.E.2d 10 (1982); Aleman v. State, 227 Ga. App. 607, 489 S.E.2d 867 (1997); Norris v. State, 227 Ga. App. 616, 489 S.E.2d 875 (1997); Manning v. State, 231 Ga. App. 584, 499 S.E.2d 650 (1998); Graham v. State, 239 Ga. App. 429, 521 S.E.2d 249 (1999); Bailey v. State, 245 Ga. App. 852, 539 S.E.2d 191 (2000); Mathis v. State, Ga. App. , S.E.2d (May 20, 2009); Hines v. State, 308 Ga. App. 299, 707 S.E.2d 534 (2011).
- Homicide: modern status of rules as to burden and quantum of proof to show self-defense, 43 A.L.R.3d 221.
Total Results: 6
Court: Supreme Court of Georgia | Date Filed: 2024-05-14
Snippet: beyond a reasonable doubt. See OCGA §§ 16-3-20 to 16-3-28 (listing affirmative defenses); Wyman v. State
Court: Supreme Court of Georgia | Date Filed: 2019-06-28
Citation: 830 S.E.2d 195, 306 Ga. 315
Snippet: as such and listed in OCGA §§ 16-3-20 through 16-3-28." Adams v. State , 288 Ga. 695, 697, 707 S.E.2d
Court: Supreme Court of Georgia | Date Filed: 2017-06-19
Citation: 301 Ga. 482, 801 S.E.2d 804, 2017 WL 2623875, 2017 Ga. LEXIS 534
Snippet: 16-3-23 (use of force in defense of habitation), 16-3-28 (“A defense based upon any of the *487provisions
Court: Supreme Court of Georgia | Date Filed: 2011-02-07
Citation: 707 S.E.2d 359, 288 Ga. 695, 2011 Fulton County D. Rep. 208, 2011 Ga. LEXIS 96
Snippet: as such and listed in OCGA §§ 16-3-20 through 16-3-28. Hicks v. State, 287 Ga. 260, 261-262 (2) (695
Court: Supreme Court of Georgia | Date Filed: 2006-01-17
Citation: 625 S.E.2d 764, 280 Ga. 158, 2006 Fulton County D. Rep. 160, 2006 Ga. LEXIS 18
Snippet: from the rule of "grave suspicion." See OCGA § 16-3-28. That defense was not applicable here, because
Court: Supreme Court of Georgia | Date Filed: 1997-03-03
Citation: 481 S.E.2d 223, 267 Ga. 586, 97 Fulton County D. Rep. 713, 1997 Ga. LEXIS 77
Snippet: Article 2 of OCGA Title 16, Chapter 3, see OCGA § 16-3-28, we have held that accident is an affirmative defense