The defense of duress can only be used in limited situations.
It sounds like something that a child might say: he made me do it! Yet under California law, that excuse can actually be a defense to a crime. Known as duress, this defense can be used whenever someone else forced you to do a crime. If you can prove the elements of a duress defense, you cannot be found guilty of a crime.
However, the duress defense can only be used in very limited situations. While many defendants in criminal cases may claim that they have been forced to do a crime, the duress defense cannot be used unless of two situations exist. The first possibility is that the person had to have threatened to kill you, or potentially threaten to inflict seriously bodily harm on you if you didn’t commit the crime. The second possibility is that the person threatened to kill or possibly inflict serious bodily harm on a third party (another person) if you didn’t commit the crime. In both situations, the threat had to be credible, so you had to have a reasonable belief that either your life or someone else’s life was in immediate danger. If you cannot prove these elements, then your Los Angeles criminal defense attorney will tell you that you cannot use the defense of duress.
The defense of duress can come up in a number of ways. For example, consider the case of a group of friends who are hanging out when one person comes up with the idea to rob a store. One person refuses to participate, and the others — who are all hardened criminals with lengthy histories of violent crimes — tell her that if he refuses to rob the store with them, they will kill him. In this situation, the man might be able to use the defense of duress, because he was forced to commit a crime under the threat of death or serious bodily harm. Importantly, that threat was likely credible given the history of the people involved. Another example might be in an abusive relationship, where a boyfriend who has been violent towards his girlfriend and others may tell her that unless she transports drugs for him, he will hurt her children. In this case, the defense of duress may also work because the girlfriend was forced to commit a crime under the threat of harm to her children.
However, the defense of duress is never available for the crime of murder in California. However, as an experienced Los Angeles criminal defense attorney will tell you, California law does allow defendants in a criminal case to claim duress for charges of felony murder, which is charged when a murder occurs during the commission of another felony. If a person was forced into committing the unrelated felony and did not intend to kill a person, the duress defense may be available. Talk to a Los Angeles criminal defense attorney to learn if the duress defense is applicable in your case.
At the Chambers Law Firm, our team of dedicated professionals is committed to fighting for your rights. We will explore every option available for resolving your case, including the defense of duress. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a consultation today.
