Texas Penal Code Practice Exam 2025 – Comprehensive Study Guide

An affirmative defense in Texas criminal law refers specifically to situations where the defendant admits to committing the act but asserts they should not be held liable due to certain circumstances or justifications. This approach shifts the burden of proof to the defendant, who must introduce evidence supporting their claim to negate criminal responsibility.

For example, a defendant may acknowledge that they indeed committed a crime but might argue that they acted in self-defense, under duress, or due to a mental illness. These defenses do not deny that the act took place; rather, they provide a legally recognized reason why the defendant should not be punished for it.

This concept is distinct from simply denying the allegations (as suggested in the first choice), which does not qualify as an affirmative defense since it doesn’t involve any admission of the act. Similarly, while a legal excuse that absolves liability is closely related, affirmative defenses specifically require that some form of acknowledgment of the act occurs. Also, claiming self-defense itself could be viewed as a type of affirmative defense, but it does not encompass the broader range of possibilities that affirmative defenses might include.