Defense of Duress in Florida
The defense of duress can be used in Florida if a person can establish the following six elements:
- The defendant reasonably believed a danger existed which was not intentionally caused by himself;
- The danger threatened significant harm to himself;
- The threatened harm must have been real, imminent, and impending.
- The defendant had no reasonable means to avoid the danger except by committing the crime charged
- The crime charged must have been committed out of duress to avoid the danger; and
- The harm that the defendant avoided must outweigh the harm caused by committing the crime charged
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with a crime in Central Florida or the greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.