Article 25: Defenses in General

Defenses; burden of proof.

  1. When a “defense, “ other than an “affirmative defense, “ defined by statute is raised at a trial, the people have the burden of disproving such defense beyond a reasonable doubt.
  2. When a defense declared by statute to be an “affirmative defense” is raised at a trial, the defendant has the burden of establishing such defense by a preponderance of the evidence.