Examples Of The Necessity Defense

When an emergency situation, a person may feel they are forced to behave in a criminal manner, yet later find they are in trouble with the law for doing so. The person behaved in this manner believing their actions would prevent a greater harm, and this is referred to as necessity. In contrast, duress is when a person is threatened with either economic or physical harm and behaves in a criminal manner to protect themselves against this harm. Both may be used by Washtenaw County criminal defense attorneys in criminal cases, but this is rarely the case. What does this type of defense involve and what must be proven in order for it to be successful?

Necessity

There are times when a person believes there is an imminent danger and they must take
action to prevent harm from occurring. In situations such as this, the necessity defense may be used, but certain requirements must be met.

The person committing the crime must feel there is an actual threat. This is of great importance. If the threat never truly does materialize, but the person believed it would, this defense may still be used.

The individual must believe the danger posed by this imminent threat is greater than the harm that will be caused by his or her actions.

There was no other way for the person to prevent the greater harm, if this defense is to be used.
If other solutions were available, yet the defendant chose not to use them, this defense will not be successful. The method of least harm must always be used first.

The imminent threat must not be a result of the actions of the defendant.

An Example Of The Necessity Defense

A forest is burning and an individual realizes it will spread if action is not taken quickly. In order to prevent the fire from reaching the city, the defendant burns down houses on the edge of the forest, believing this will take away fuel for the fire. In this situation, as long as the individual burning the houses didn't start the forest fire, the necessity defense may be used. It is ultimately up to the court and a jury of the defendant's peers to determine guilt or innocence.

Exceptions To The Necessity Defense

Economic necessity, in most cases, cannot be used as part of a necessity defense. In addition, prisoners typically cannot use the necessity defense upon escape from confinement, although some courts do allow this matter to be addressed in court. If the necessity defense is used in any way in these situations, the prisoner must show that he or she turned themselves in to the appropriate authorities once they were no longer in
danger.

A criminal defense lawyer in Ann Arbor examines the facts of the case before determining if the necessity defense is the proper call.
They will only use this defense, however, when the above conditions are met. Defendants need to understand this when working with their legal team.

Duress

When a person is forced to partake in criminal activity by another individual, the duress defense may be used. Similar in many ways to the necessity defense, the duress defense differs in that the actions taken were the result of threats by an individual, as opposed to threats posed by nature and its physical forces. As with the necessity defense, certain requirements must be met before this defense may be used. A defendant should always consult with an Ann Arbor defense attorey to determine if these requirements are met before proceeding.

The defendant must have received an actual threat. The belief that a threat was pending is not enough for this type of defense.

The threat must involve bodily harm or death. In the past, according to common law, the threat needed to be of serious bodily harm or death, but today's laws allow for lesser bodily harm to be enough when using this
defense.

The threat must be to a person, even if the person is a complete stranger.

Immediate harm is the only way this defense may be used. The threat of future harm isn't enough for the duress defense.

The defendant had no other way to avoid this threat using a legal method.

The duress defense may not be used in cases of attempted intentional killing or intentional killing, but it may be used to show there was no premeditation. In situations such as this, a criminal defense lawyer in Washtenaw County may use the duress defense to have the charged reduced from murder to manslaughter.

Contact an Ann Arbor felony defense lawyer to discuss your case and possible defenses that may be used. The necessity and duress defenses are only two of many, and the one selected in conjunction with the attorney should fit the facts of the case. The sooner an attorney is contacted, the sooner a defense can be selected and work begin on preparing the defense. Don't delay, as time is of the essence in these matters, especially in regards to evidence collection and gathering the statement of witnesses. Meet with an attorney today to start the process for the best possible results.