What is an affirmative defense as stated in O.C.G.A. 16-3-28?

An affirmative defense, according to O.C.G.A. 16-3-28, is characterized by an acknowledgment of the act committed by the defendant while providing a legal justification for why that act should not result in criminal liability. This aligns with the concept of an affirmative defense, which involves the defendant admitting to the conduct but arguing that there are valid reasons that negate culpability, such as self-defense or necessity.

While the acknowledgment of the act is an essential component, it is not merely the acceptance of wrongdoing but rather the offering of a legal justification that distinguishes it from a complete denial of facts or a strategy to delay proceedings. This legal framework allows individuals to present defenses that can absolve them of liability despite committing the act in question. Understanding this definition is crucial in recognizing the strategic implications of affirmative defenses in criminal law.