Developing an appropriate criminal defense strategy often requires a careful analysis of the situation at issue. People need to look at what led to the state accusing them of a crime and what evidence the prosecutor might plan to present during a trial. Each criminal case is unique and requires the preparation of a custom defense strategy.
In some cases, there may be extenuating circumstances. Mitigating factors can help reduce criminal culpability in some cases and may provide the basis for a viable defense strategy. One of the common tactics defense attorneys can use to help their clients is to show that the circumstances forced them to act in a way that they otherwise would not. For example, it is sometimes possible to claim that an individual acted out of duress, which can limit or eliminate their criminal culpability.
What is duress?
Duress is fear caused by direct threats from other people. Claims of duress are one of several types of affirmative defense acknowledged under the law. There are certain scenarios in which criminal activity may not necessarily be illegal because of mitigating factors related to duress.
When one party directly threatens another with death or severe physical harm, the duress that threat creates may eliminate their ability to make a free, rational decision. Similarly, people may engage in certain activities out of fear for the safety of their loved ones.
Direct threats of physical harm against an individual, their spouse or other immediate family members might compel them to engage in behavior that they otherwise recognize as inappropriate. Those asserting that they acted due to duress generally mean proof that an outside party applied pressure on them to convince them to break the law.
There are a variety of circumstances that can affect an individual’s mental state and therefore their responsibility for their behavior. Whether they knowingly put themselves in a situation to experience duress and whether the party threatening them was their spouse can affect their options as well.
Discussing what led to alleged criminal activity with a skilled legal team could help people develop a strong response to pending criminal charges. Claims of duress and other affirmative defenses can be a viable strategy for many defendants. Factors outside of an individual’s control can sometimes compel them to act in ways that they otherwise would not. Those who learn about the law and discuss their situation with an attorney can sometimes fight charges by proving they didn’t intend to break the law.