Understanding the Duress Defense: How It May Apply to Your Case
When facing criminal charges, understanding all possible defense strategies is crucial. One such strategy is the duress defense, which argues that the defendant committed a crime because they were forced to do so under threat of harm. At the Law Offices of Bill J. Stovall, we have extensive experience handling complex criminal defense cases, including those where duress may play a key role.
In this article, we’ll explore what the duress defense is, when it applies, and how it may impact the outcome of your case.
What Is the Duress Defense?
The duress defense is a legal argument used when a person commits a crime because they were coerced by another individual through threats of immediate harm or death. In other words, the defendant was not acting of their own free will but was forced into criminal activity.
Elements of the Duress Defense
To successfully argue duress in court, the defendant must typically prove:
- Immediate Threat of Harm – There was a serious and imminent threat of bodily injury or death.
- No Reasonable Escape – The defendant had no realistic opportunity to avoid committing the crime without facing harm.
- Proportional Response – The crime committed must be proportional to the threat faced.
- No Prior Involvement – The defendant must not have put themselves in a situation where they were likely to be coerced into criminal activity (e.g., joining a violent gang voluntarily).
When Can Duress Be Used as a Defense?
Duress is commonly used as a defense in cases involving assault, drug crimes, and even some federal offenses. However, it does not apply to all crimes. For example, in many jurisdictions, duress cannot be used as a defense for murder—meaning a person cannot justify killing another person solely because they were threatened.
At the Law Offices of Bill J. Stovall, we carefully assess the circumstances of your case to determine whether the duress defense is a viable legal strategy.
Real-World Example
Consider a scenario where an individual is forced at gunpoint to act as a getaway driver for a robbery. If the person reasonably feared for their life and had no chance to escape, they might be able to argue duress as a defense.
Challenges in Proving Duress
While the duress defense can be powerful, it is not always easy to prove. Prosecutors often argue that the defendant had other options, such as seeking help from law enforcement. Additionally, the burden of proof is on the defense to demonstrate that duress existed beyond a reasonable doubt.
How We Can Help
At the Law Offices of Bill J. Stovall, we take a strategic approach to every case. Whether you are facing felony or misdemeanor charges, drug crimes, assault, DWI, or other serious offenses, our legal team thoroughly investigates the details of your situation to build the strongest possible defense.
We:
✅ Gather evidence to support your claim of duress
✅ Identify weaknesses in the prosecution’s case
✅ Work with expert witnesses when necessary
✅ Develop a tailored legal strategy based on your unique circumstances
Contact Us for a Strong Criminal Defense
If you or a loved one is facing criminal charges and believe duress played a role, don’t face the legal system alone. The Law Offices of Bill J. Stovall are here to protect your rights and fight for your freedom.
📞 Call us today for a consultation and let’s discuss your best legal options.
