Legal Definitions - lesser-evils defense

The lesser-evils defense is a type of defense used by a defendant in a court case. It is an affirmative defense, which means that the defendant is asserting facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all the allegations in the complaint are true.

The lesser-evils defense argues that while the defendant may have caused harm or committed an offense, in the present case, the defendant has not caused a net harm or evil because of justifying circumstances and therefore should be exculpated. For example, a person who steals food to feed their starving family may use the lesser-evils defense to argue that their actions were necessary to prevent a greater harm.

Other examples of affirmative defenses include duress, insanity, and self-defense in criminal cases.