is duress an affirmative defense
Burden of Proof for the Affirmative Defense of Duress: As an affirmative defense, the defendant will have both the burden of production and persuasion on an issue involving duress by a preponderance of the evidence.uress is laid out as a defense in Penal Code Section 8.05: (a) It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.