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The Necessity Defense And Criminal Charges

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If you were caught in the act of a serious crime but there were extenuating circumstances, you may have all the elements for a good "necessity" defense. Here are some fictional examples and real life cases to show you how it works.

Robbery

Some gunmen break into a bank manager's house early in the morning. They tell the manager that he/she must go to the bank and rob the safe of its contents. They hold the rest of the family there as hostages until the bank employee comes back with the money.

This scenario isn't just a movie plot, it has really happened on numerous occasions.

The necessity defense consists of these claims:

  • You did not intend to commit a crime,
  • You were coerced into doing the action to prevent others from being hurt,
  • You had no reasonable alternative,
  • The greater harm would have come from refusing to do the crime,
  • You stopped once the threat was over, and
  • You were not the instigator of the danger.

In one case, a bank manager robbed a Northridge, CA, bank to protect four other people being held hostage at her home. She was not charged with a crime, and there was a similar event that happened nearby with another bank manager.

In another California case, an employee named Aurora Barrera robbed her L.A. bank branch with a bomb attached to her back. It was later determined that the woman turned out to be the instigator and had planned the heist with her boyfriend. The bomb was fake. She was convicted of bank robbery and sentenced to 8 years.

Driving Illegally

Another example is that of a person who iscaught driving while impaired or with a suspended driver's license, but they are taking someone who is complaining of chest pains to the hospital. It is later proved that their passenger was having a heart attack.

This example is a bit more commonplace than the first one. If you are caught driving illegally or impaired, but you can prove it was an emergency situation in which you had to act quickly, this may be a successful defense for you. This is especially so if you can provide evidence that you would not drive illegally otherwise.

To Sum it up

This affirmative defense of necessity hinges on these criteria: your intent is to obey the law when possible, you would only break the law if strongly coerced, which includes preventing something worse from happening, and you were not originally responsible for the situation. For more information, contact a local law firm, like the Law Office of Michael Marinaro & Associates.


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