Defenses at Trial in Arizona Criminal Cases
Being charged with a crime in Tucson, Marana, Sahuarita, Green Valley, or anywhere in Pima County is one of the most stressful experiences a person can face. Whether the charge is DUI, domestic violence, drug possession, theft, assault, or any crime, you have rights—and your best chance at protecting those rights is working with an experienced Arizona criminal defense attorney who knows how to build a strong, strategic defense.
In this article, we’ll explore how criminal defenses work under Arizona law, explain the critical difference between legal defenses and affirmative defenses, and review the most commonly used defense strategies in Arizona trial courts. Most importantly, we’ll emphasize why every case requires a tailored, fact-specific approach—and why what works for someone else’s case might not apply to yours at all.
No Two Criminal Cases Are Alike
You may have seen online articles or TikToks listing “the top five defenses” or “the one legal trick prosecutors don’t want you to know.” But the truth is: there is no single “best” defense. There is only the right defense for your case, based on the evidence, the law, and the goals you and your lawyer identify together.
Let’s say you're charged with shoplifting in Tucson City Court. If you have receipts showing you paid for the item, that might support a strong mistake of fact defense. But if the issue isn’t whether you paid, but whether the store had the right to detain you or search your bags, your defense might rely on Fourth Amendment violations and improper police conduct.
On the other hand, if you’re facing domestic violence charges in Justice Court, you might assert self-defense—or it might be more effective to focus on undermining the credibility of the alleged victim’s statements. If the case involves conflicting versions of events, your defense might center on reasonable doubt, highlighting the lack of physical evidence or inconsistencies in witness testimony.
What matters most is not just knowing the legal defenses available—but knowing how to use them strategically. That’s where an experienced criminal defense attorney comes in.
What Does a Criminal Defense Attorney Do?
At AJB Law Firm, we approach every criminal case in Pima County with the same commitment: understand your goals, evaluate the facts, and build a strong defense grounded in Arizona law and real-world trial experience.
Here’s what that looks like in practice:
We thoroughly review discovery, including police reports, body-worn camera (BWC) footage, audio, lab results, and photos.
We evaluate the prosecution’s case for gaps, inconsistencies, or legal weaknesses.
We identify potential motions to suppress evidence due to unlawful search and seizure, Miranda violations, or lack of probable cause.
We explore negotiation options if appropriate—including diversion, deferred prosecution, or reduced charges.
And when necessary, we prepare your case for trial with detailed witness preparation, pretrial litigation, and full courtroom strategy.
Criminal charges don’t exist in a vacuum. We take time to learn your story—and that makes all the difference in how we fight for you.
Legal Defense vs. Affirmative Defense: What's the Difference?
It’s important to understand the legal framework your defense fits into. In Arizona, defenses fall into two broad categories: legal defenses and affirmative defenses.
Legal Defenses
A legal defense challenges one or more elements of the crime charged. You are not claiming justification or admitting guilt—you are asserting that the prosecution simply hasn’t proven its case beyond a reasonable doubt.
For example, if you're charged with possession of drugs, but the drugs were found in a shared car with no direct link to you, your defense might be that you did not knowingly possess the substance. That’s a classic legal defense: you’re denying the charge based on lack of evidence.
Other legal defenses might include mistaken identity, lack of criminal intent, or simply reasonable doubt due to conflicting testimony or faulty forensic evidence.
Affirmative Defenses
An affirmative defense, by contrast, does admit that the act occurred—but provides a legally recognized justification or excuse for it. In Arizona, the defendant bears the initial burden of presenting some evidence to support the defense. If that burden is met, the prosecution must disprove the affirmative defense beyond a reasonable doubt.
Common affirmative defenses in criminal trials include self-defense, duress, entrapment, and necessity.
For instance, in a domestic violence case, if you admit to striking someone but claim you did so to protect yourself from being attacked, you’re raising self-defense—an affirmative defense. The court then evaluates whether your actions were reasonable under the circumstances.
Understanding which category your defense falls into is crucial—because it changes how the jury is instructed, who has the burden of proof, and how the case is argued at trial.
Common Criminal Defenses Used in Arizona Courts
Below are some of the most frequently used defenses in Tucson, Marana, Sahuarita, and across Pima County. This list is not exhaustive, and not every defense applies to every charge—but these are the core tools we analyze in most cases.
Alibi
You were somewhere else at the time of the alleged offense. A strong alibi defense might involve witness statements, security camera footage, or time-stamped receipts.
Self-Defense
You used force to protect yourself from imminent physical harm. In Arizona, self-defense is permitted when the threat is immediate and your response is reasonable under the circumstances.
Defense of Others
Similar to self-defense, this applies when you were protecting another person from harm.
Duress or Coercion
You committed the act because you were forced to do so under threat of immediate harm or death, with no reasonable alternative.
Entrapment
This defense applies when law enforcement induced you to commit a crime you otherwise would not have committed. Entrapment is often argued in drug cases and prostitution stings.
Mistake of Fact
You reasonably believed a fact that, if true, would make your actions non-criminal. For example, believing property belonged to you when it didn’t.
Lack of Intent
Many crimes require you to act “knowingly,” “intentionally,” or “recklessly.” If you didn’t have the required mental state, you may not be guilty—even if the act occurred.
Insanity
You lacked the mental capacity to understand the nature of your actions or that they were wrong. This defense requires expert testimony and is rare, but it can be powerful in appropriate cases.
Involuntary Intoxication
You were unknowingly drugged or intoxicated, preventing you from forming criminal intent.
Constitutional Violations
Evidence obtained in violation of your rights—like through an illegal search or after denial of an attorney—can be excluded from trial. This often leads to dropped charges or reduced pleas.
Consent
In some cases (like assault or sexual offenses), showing that the alleged victim consented to your conduct can be a full defense.
Necessity
You committed a crime to prevent a greater harm, such as breaking into a cabin during a snowstorm to avoid freezing.
Imperfect Self-Defense
You honestly believed you were in danger, but your belief was unreasonable. This doesn’t justify your actions fully but can lead to lesser charges or penalties.
Lack of Evidence
Sometimes the best defense is simple: the state cannot prove their case beyond a reasonable doubt. No defense needs to be raised if the evidence just doesn’t hold up.
Local Experience Matters
If you’ve been charged in Tucson Municipal Court, Pima County Justice Court, or any nearby jurisdiction, you need a defense attorney who knows how these courts work. At AJB Law Firm, we’ve handled hundreds of cases across Southern Arizona, including:
DUI and Admin Per Se hearings
Domestic violence cases involving spouses, partners, or family members
Misdemeanor and felony trials in Superior Court
Shoplifting, trespass, and drug cases in Justice Court
Probation violations and Rule 11 mental health issues
We also understand the policies of local prosecutors, the personalities of local judges, and the practical realities of defending cases in smaller towns like Sahuarita, Marana, and Green Valley. That insight makes a difference—and it helps us build strong defenses tailored to your jurisdiction.
Your Defense Starts With a Call
If you're facing criminal charges in Pima County, don't wait until you're standing in front of a judge to start protecting yourself. The earlier you speak with an attorney, the better your chances of building a strong, effective defense.
At AJB Law Firm, we take the time to listen to your story, explain your options, and give you honest, realistic advice about what to expect. We’ll never promise a guaranteed outcome—because no ethical attorney should—but we will promise this: we’ll fight for you.
📞 Call today to schedule a consultation or use the contact form on our website. Whether you're dealing with a misdemeanor in Justice Court or a felony in Superior Court, we’re ready to help you protect your rights and your future.
