Attorneys have been defending people accused of crimes in the United States since the country was founded. In some ways, it has been broken down into a science. No two cases are the same, but cases from yesteryear can help criminal defense attorneys today.
After defending people for so long, there have been a few criminal defense strategies that have formed. They’re not rigid strategies that you can’t deviate from, but foundations that can help legal teams form their criminal defense strategy. One of these foundations is the defense of duress, which many criminal defense teams have found success with.
The defense attorney at Pike Law can explain and break down what the defense of duress is and what elements everyone should know about. If you have been hit with a criminal charge, contact the criminal defense attorneys at Pike Law for more help.
What is the Defense of Duress?
The defense of duress is a legal argument where the defendant (you) claims that they committed a crime because they were forced to do so by someone else’s threat or use of force. The idea is that you are a victim as well in the situation rather than a willing participant. Pennsylvania legally recognizes this as a defense in its state legislature.
This doesn’t absolve the defendant of guilt but rather argues to the jury that you did what any reasonable person would have done in the same situation. It’s an argument to use when the prosecution has displayed that they likely have strong evidence of you committing the crime you’re accused of. Evidence of a crime does not always mean intent and intent can greatly affect a jury’s decision.
How Do You Prove the Defense of Duress?
For the defense of duress to be properly recognized, your legal team would have to prove four points:
- You were threatened with serious bodily harm or death
- The threatened harm was greater than the harm caused by the crime
- The threat was immediate and inescapable
- You must have become involved in the situation through no fault of your own
This is not enough on its own though. Our legal team needs to prove these points with several elements so the jury can agree that you were under duress when you committed the crime.
The Elements of the Defense of Duress
To prove the four elements that support the defense of duress, we would need to consider these supporting elements:
- Immediate Threat of Death or Serious Bodily Harm: Your legal defense must demonstrate that you were under an immediate threat of death or serious bodily harm before committing the crime. The threat must be of such a nature that it would cause a reasonable person in the same situation to act in a similar way to you to avoid harm.
- Well-grounded Fear That the Threat Will Be Carried Out: Your fear of the threat must be reasonable. This means that a reasonable person in your position would have believed the threat was real and would be carried out.
- No Reasonable Opportunity to Escape the Threat: You must show that there was no reasonable opportunity to escape the threat or to avoid committing the crime in another way. This means that duress cannot be claimed if the prosecution proves that you had a safe way out that you chose not to take.
- Direct Causation: There must be a direct connection between the threat and the criminal act. You must have committed the crime specifically to avoid the threatened harm.
- The Crime Must Not Be More Serious Than the Threatened Harm: Generally, the defense of duress is not available for serious crimes, like those involving harm to others. For example, duress as a defense is not allowed for charges of murder.
- Not Inducing the Duress: You cannot have brought about the duress through your actions. If you put yourself into a situation where duress became likely, this defense might not be viable. For example, committing burglary and putting yourself at the physical mercy of the homeowner/business owner does not justify a defense of duress when you defend yourself.
When Would You Use Defense of Duress?
Defense of duress may sound similar to self-defense but it’s a different legal argument. If you must be violent to protect yourself and then you are charged with a crime, you would use the defense of self-defense, not of duress.
Defense of duress would be when you did something non-violent to protect yourself, such as running from the police or breaking and entering to escape the threat of unwarranted violence.
Contact the Criminal Defense Attorneys at Pike Law For Help
The legal team at Pike Law has been representing clients against criminal charges for over 35 years. We have the experience you need to build a strong defense, whether it’s built on the defense of duress or another defense.
If you have been charged with committing a crime in the Northeastern Pennsylvania area, don’t hesitate to contact us today. Every minute counts when it comes to defending your freedom.
