29 Jan Using Duress As a Criminal Defense
Duress is a legal defense that can be used to justify criminal actions. It argues that if someone is ever forced to commit a crime, they should not be held responsible.
For example, say that Karen was repeatedly threatened with physical harm unless she used her employee access to forge certain documents. Because she feared for her own safety, she finally gave in. Her lawyer could argue that the crime was committed under duress, because Karen would never have abused her privileges at work under ordinary circumstances.
However, duress can be a difficult defense to use, because Arizona law presumes that every defendant has free will and should be held accountable for their actions. Using duress as a defense means admitting to a crime. If someone has prior convictions or they cannot provide enough evidence to prove they were under duress, they could be sentenced for the crime.
How Is Duress Defined Under Arizona Law?
Committing a crime under duress means the defendant acted because they were coerced or threatened with serious harm or death. To build a good defense for duress, you must meet several parameters and gather the evidence to prove them.
- The threat of harm or death must be immediate.
This can look like a gun to the defendant’s head, threats of harm or death to a loved one, or even the threat of a physical assault without a weapon.
- The threat must be directly related to the crime being charged.
Typically in duress defenses, the threat cannot be overhanging. For example, a woman robbing banks because she fears an abusive partner and needs the funds to leave is NOT duress.
- The defendant would not have committed the crime without this threat.
Duress defenses can become murky for those who have criminal records. That is because much of the defense lies in the idea that crime would not have happened without the threat of harm.
Example: A man is driving dangerously, weaving through cars, blowing through stop lights, and other reckless driving. When the driver was finally stopped, and arrested, there was another person in the vehicle. This passenger was found to have threatened the driver with harm if they stopped driving or slowed down. The driver had never had so much as a speeding ticket before the altercation.
Duress Is an Affirmative Defense in Arizona
Duress is a type of affirmative defense, which means that the defendant admits to committing a crime. Instead of pleading innocence, the defense argues that because of the unusual circumstances, there should be no punishment for the crime.
In these types of cases, the defendant will not deny the crime took place, but rather that they are not responsible for their actions. With a plea of “not guilty,” the burden of proof rests on the prosecution. However, in affirmative defense cases, it is up to the defense to gather enough evidence to prove the crime was committed under duress.
There are five possible outcomes for a criminal case with a duress defense:
- The charges may be dismissed.
- Probation can be offered instead of incarceration.
- Jail or prison sentences may be reduced.
- There can be reductions in fines or restitution.
- If the defense does not have enough evidence to prove the crime was committed under duress, the standard sentences for convictions will apply.
You Need a Spectacular Criminal Defense Attorney to Mount This Defense
Building any type of criminal defense requires an understanding of the law, how evidence affects a case, and the ability to argue persuasively. Hiring a certified criminal defense attorney like Todd Coolidge will secure you the best possible outcome for your case.
Todd Coolidge has over 25 years of experience defending cases in the Arizona courts, and his testimonials prove that he knows how to win. If you are facing criminal charges in Phoenix, contact us today for a consultation.
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