An absolute defense is a legal concept that completely shields a defendant from liability or guilt if proven. While sometimes used interchangeably with “full” or “complete” defense, it typically refers to a specific legal doctrine.
In both criminal and civil law, an absolute defense is an independent factor, unrelated to the core allegations, that forces the case’s dismissal even if the plaintiff’s or prosecutor’s claims are true. Once established, it cannot be mitigated or challenged.
Examples of absolute defenses include:
- Truth: In defamation cases, proving the accuracy of a statement is a complete defense, regardless of intent or harm.
- Self-defense: Justified use of force to protect oneself can absolve a person of battery charges.
- Immunity: Sovereign immunity or other legal protections can shield individuals or entities from lawsuits.
- Double jeopardy: Protecting defendants from multiple prosecutions for the same crime is a fundamental right.
Absolute defenses differ from partial defenses, which can reduce liability or punishment but don’t eliminate it entirely. Examples of partial defenses include diminished capacity or a mistaken belief about the facts.