If you are accused of a crime that you were forced to do, then showing that you were under duress when you committed the crime could be a valid legal defense – but it is hard to prove. Learn how your criminal defense attorney can help make this defense clear and then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.

The Basics of Duress

Saying, “He made me do it!” might sound like an excuse a child would give, it can be a valid legal defense. It is known as duress and it applies to situations in which a person was forced to commit a crime. That said, it can only be used in very limited situations. It applies only if a person committed a crime because another person was threatening to kill them or someone else.

Further, the threat must have been a credible one, as decided by the law. The accused must also have reasonably believed that their life was in danger or that the life of someone else was in danger.

There is One Crime You Cannot Claim Duress For

While you can use the defense of duress for many cases, you cannot do so if you are facing murder charges. Similarly, duress is not a valid legal defense that can be used to lower a conviction for murder to a conviction for a lesser charge, such as voluntary manslaughter or involuntary manslaughter. There is only one exception: Certain cases that fall under the felony-murder rule.

How to Argue Duress as a Defense to a Crime

There are a number of things you must prove in order to satisfy the legal requirement for this defense. First, you must prove that there was some type of threat or menace made by someone else, and that someone demanded that you commit the crime. For example, if someone says, “Transport this illegal firearm or I will kill your wife, this is very explicit.

Second, you must prove that the threat was valid and that you were actually in danger of life. If someone threatened to wreck your car, this is not enough of an excuse to use duress. The threat must include killing you or someone else. In certain instances, a threat of severe bodily harm could support the defense.

Finally, you must prove that the threat is immediate. This means that you need to prove that someone was going to take action right away if you did not commit the crime. If they said they would come back later that night unless you committed the crime, then the state will argue that you had the opportunity to contact the police and chose not to.

Duress can be a valid legal defense but it is complicated. To learn more about the options available to you and how to find the best way to argue your defense, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.