When facing criminal charges, one possible defense that may apply to your case is duress. The concept of duress is used in criminal law to argue that a defendant only committed a crime because they were forced to do so under the threat of harm. This legal defense, however, has strict qualifications and is not applicable to all cases. If you are facing charges in Panama City, Florida, keep reading this blog from The Sombathy Law Firm.
Legal Definition of Duress
Duress occurs when an individual commits a criminal act because they are coerced, threatened, or forced by another person. Under Florida law, duress can serve as an affirmative defense, meaning that the defendant acknowledges committing the act, but argues that they should not be held criminally responsible due to the coercion they faced.
In most cases, duress involves a direct threat of serious bodily harm or death that leaves the defendant with no reasonable alternative but to comply with the unlawful demand. It is important to note that duress does not apply in all criminal cases, and there are specific legal criteria that must be met for this defense to be successful.
Key Qualifications for Duress as a Legal Defense
To successfully use duress as a defense in Florida courts, the following qualifications must be met:
Immediate Threat of Harm
- The defendant must have faced an imminent threat of serious bodily injury or death.
- The threat must have been immediate, meaning there was no opportunity to escape or seek help.
Fear of Harm Was Reasonable
- The defendant must have had a reasonable belief that the threat would be carried out if they did not comply.
- The fear of harm must have been justified under the circumstances.
No Reasonable Alternative
- The defendant must demonstrate that they had no reasonable way to avoid committing the crime.
- The defense may not apply if the person had the opportunity to report the threat to law enforcement but failed to do so.
Not Responsible for Creating the Situation
- The defendant cannot use duress as a defense if they voluntarily placed themselves in a situation where coercion was likely (e.g., joining a criminal organization or gang).
Duress Does Not Apply to Certain Crimes
- In Florida, duress cannot be used as a defense for homicide. If an individual commits murder under duress, they may still be held criminally liable.
Examples of Duress in Criminal Cases
To better understand how duress works as a legal defense, consider the following examples:
Example 1: Bank Robbery Under Threat
A person is forced to rob a bank because a third party is holding their family hostage and has threatened to kill them if they do not comply. If they can prove they had no reasonable escape, duress may apply as a defense.
Example 2: Drug Trafficking Under Coercion
An individual is threatened with severe harm unless they transport illegal drugs across state lines. If they had no realistic way to seek help or avoid the situation, duress could be a valid defense.
Challenges in Proving Duress
While duress is a recognized legal defense, proving it in court can be difficult. Prosecutors may argue that the defendant had alternative options, such as calling the police or fleeing the situation. Additionally, a lack of physical evidence of the threat (such as recorded messages or witness testimony) can make it challenging to convince a judge or jury.
Courts will closely examine the circumstances surrounding the alleged coercion, the credibility of the threat, and whether the defendant truly had no other choice but to commit the crime.
How a Criminal Defense Attorney Can Help
If you believe you acted under duress when committing a crime, it is essential to consult with a criminal defense lawyer immediately. An experienced attorney can:
- Evaluate whether duress applies to your case
- Gather evidence to support your defense
- Challenge the prosecution’s claims that you had alternative options
- Advocate for your rights in court
Contact Sombathy Law Firm for Legal Guidance
If you have been charged with a crime in Panama City Beach, and believe you acted under duress, you need an experienced legal team on your side. The Sombathy Law Firm is dedicated to defending clients against serious criminal charges and ensuring that their rights are fully protected. Bob Sombathy is a Board Certified Criminal Trial Lawyer as designated by The Florida Bar. With over 30 years experience, the Sombathy Law Firm is here for you. Contact us today to discuss your case and explore your legal options.
