An Agency defense is a rarely used defense in drug cases.  The agency defense protects an individual who is working or acting for a buyer of drugs only. An agent of the buyer involved in a drug transaction is purchasing or acquiring drugs for somebody [...]

Duress is an affirmative defense raised when you were engaged in illegal conduct because you were forced or coerced to do so by use/threatened use of unlawful physical force upon you (or a third party), which force or threatened force a person of reasonable firmness [...]

If a defendant utilizes an affirmative defense, then the defendant has the obligation and burden to prove the affirmative defense by a preponderance of the evidence.  If an affirmative defense is offered, the prosecution still has the burden to prove every element beyond a reasonable [...]

A Preponderance of the evidence means more likely than not. In mathematical terms it is 51% or just over half.

An entrapment defense is used when you have engaged in prohibited conduct because you were induced or encouraged to do so by a public servant or a confidential informant working for the police who was seeking to obtain evidence against you for a criminal prosecution. [...]

Renunciation of a crime occurs when you stop participating in the crime before it begins and/or attempt to stop other participants from committing a crime.  Typically, this defense is used in conspiracy charges. The renunciation must be a complete withdrawal from the crime.  Renunciation is [...]

In general, under New York law you cannot be charged with a crime unless you are 18 years old.  However, there are many exceptions to this rule.  For very serious charges such as murder, robbery or sexually motivated offenses, someone can be charged between the [...]

Conduct which would ordinarily be considered a crime is justified and not criminal if the conduct is necessary as an emergency measure to avoid an imminent and significant injury.  Essentially this defense is utilized when someone is protecting themselves or someone else from a violent [...]

Self-Defense by use of physical force is allowed when a person reasonably believes that the use of force is necessary to protect themselves or others from the imminent use of force by someone else. In order for self-defense to be successful, the defendant will need [...]

The initial aggressor is the person who first attacks or threatens to use physical force first.  The initial aggressor does not have to be the one who caused the first contact.