When defendants are tasked with proving an affirmative defense, their legal strategy must include accumulating sufficient evidence to meet this burden, such as witness testimony, expert opinions, or physical proof. Moreover, defense attorneys must anticipate and counter the prosecution’s arguments that may undermine these defenses.
For example: In a trial where provocation is claimed as a defense for assault, a defendant’s attorney might present texts or communications as evidence of such provocation, while preparing to discredit contrary evidence from the prosecution.