There are two types of confession and avoidance – one criminal and the other civil
Criminal confession and avoidance
When a criminal defendant admits the allegations in a charging complaint but then alleges other facts, constituting an affirmative defense that, when offered to the court by way of evidence, will tend to disprove or significantly weaken the Prosecutors case against the defendant.
Civil confession and avoidance
An answer to a civil complaint or in defendant cross-complaint, in which the defendant generally or specifically admits the plaintiff’s allegations but then, by way of the defendant’s answer or cross-complaint, alleges counter-facts or additional facts relevant to the defendant’s affirmative defense and which has the effect of negating plaintiff’s key allegations, and if found to be true, will damage or eliminate the plaintiff’s case against the defendant.
