8/27/2023 0 Comments Duress definition law![]() ![]() ![]() Being threatened with serious harm in the future does not reach the necessary level. If the accused was threatened with either imminent death or serious bodily injury, it means that the prospect of death or serious injury was immediate (not a threat of future harm), and not carrying out the criminal activity would have tripped one of these dire consequences (either imminent death or imminent serious bodily injury). The Threat of Imminent Death or Serious Bodily Injury ![]() In order to bring a successful duress defense, the defendant must prove that one of two scenarios applies. If, however, the defendant should have reasonably foreseen that putting himself or herself in the situation at hand could have led to the commission of a crime, the defense of duress is not valid. The preponderance of the evidence means that it is more likely true than not true (a less onerous level of proof than beyond a reasonable doubt but one that the defendant himself or herself must shoulder). When, however, a defendant uses an affirmative defense such as the duress defense, he or she must prove via a preponderance of the evidence that the criminal conduct he or she engaged in was due to someone else’s force or threat of force. This means, in essence, that it would be unreasonable to believe that he or she is not guilty. When someone is accused of a crime, the prosecution shoulders the legal burden of proving his or her guilt beyond a reasonable doubt. Acting under the command of one’s spouse – unless force or the threat of force is involved – is similarly off-limits for a defense of duress. It is important to note, however, that the accused cannot invoke the duress defense if he or she knowingly, recklessly, or intentionally landed himself or herself in a situation in which he or she was likely to be subjected to a compulsion of this nature. ![]() If the criminal act in question was not a felony, the accused could use the duress defense if he or she engaged in the criminal conduct in question in response to someone else compelling him or her with force or the threat of force. If the accused engaged in criminal conduct in response to someone else credibly threatening him or her (or credibly threatening someone else) with imminent death or serious bodily injury, he or she may be able to employ a duress defense. In the State of Texas, duress is considered an affirmative defense, which means it is a viable justification for doing something that – under different circumstances – would be a criminal act. If this is the situation you find yourself in, do not wait to consult with a practiced criminal defense attorney with considerable experience successfully defending clients via affirmative defense strategies. In essence, duress means doing something at the violent behest of someone else – and not doing it of your own volition. If you are coerced into committing a crime via extreme pressure, you can be said to have done so under duress. When a person commits a crime in response to threats made against his or her life, the defense of duress may apply. Affirmative defenses are those in which the accused admits to committing the crime, but he or she commits to proving that he or she has a legal defense for having done so, and one form of affirmative defense in the State of Texas is the defense of duress. Generally, this involves demonstrating that you did not commit the crime in question, but this is not always the case. If you are charged with a crime, bringing your strongest defense is naturally the first order of business. Contact Me Now Contact Me Now The Duress Defense in the State of Texas ![]()
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