The excuses found in the Texas Penal Code that require the defendant to prove their excuse by the preponderance of the evidence are known as affirmative defenses.
This means that the accused must prove their defense is true in order to gain an acquittal at trial. To meet this burden of proof, the accused must present evidence that supports their claim that they acted in accordance with the statutory excuse.
This evidence could include expert testimony, documentary evidence, or witness testimony. By presenting this evidence, the accused is attempting to show that it is more likely than not that the statutory excuse is true.
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