US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 39-11-201. Burden of Proof

No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt: The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense; The culpable mental state required; The negation of any defense to an offense defined in this title […]

§ 39-11-202. Exception

An exception to an offense in this title is so labeled by the phrase: “It is an exception to the application of …,” or words of similar import. Unless the statute defining an offense states to the contrary, the state need not negate the existence of an exception in the charge alleging commission of the […]

§ 39-11-203. Defense

A defense to prosecution for an offense in this title is so labeled by the phrase: “It is a defense to prosecution under … that …” The state is not required to negate the existence of a defense in the charge alleging commission of the offense. The issue of the existence of a defense is […]

§ 39-11-204. Affirmative Defense

An affirmative defense in this title is so labeled by the phrase: “It is an affirmative defense to prosecution under …, which must be proven by a preponderance of the evidence, that …” or words of similar import. The state is not required to negate the existence of an affirmative defense in the charge alleging […]