Last Updated on March 14, 2025
Many consider themselves to be reasonable people who would never break the law aside from maybe driving a little too fast on the freeway. But if someone coerces them to do a criminal act by threatening their life or the lives of their family members, they may be willing to do just about anything to keep themselves or their loved ones safe. The law recognizes that threats of violence may make even the most law-abiding citizen willing to do surprisingly out-of-character acts, which is why self-defense and the duress defense can provide a total excuse from criminal charges.
What Happens if You Are Forced to Commit a Crime?
If you were coerced to break the law, you might have a complete legal defense from the allegations. But while the duress defense is very powerful when used properly, it is rarely used because it specifically requires a person to place a credible threat on another person’s life and then forces either that person or someone else to commit a crime to save the victim’s life.
In other words, for your lawyer to use this defense, he must be able to show that you reasonably believed 1) that someone told you to commit a crime, and 2) if you failed to commit the crime, you or someone else would die. If you were coerced to commit a crime because you were blackmailed or someone threatened to burn down your house, the duress defense would not apply because there was no threat to an individual’s life.
Additionally, while the duress defense requires that someone’s life be at stake, the defense cannot be used against murder charges —even as a partial defense for a reduced charge. The state will not allow saving one person’s life to excuse the taking of another person’s life. The only exemption occurs when the death was a result of an accident related to committing a felony under duress. For example, if you were forced to severely beat someone and they died from their injuries, you could still use the duress defense as long as you did not intend to kill them.
The Bomb Collar Bank Robbery
The most famous case involving duress was that of bank robber Brian Douglas Wells, who told police he was forced to rob the bank with a bomb around his neck and that if he did not comply, the people who put the bomb there would detonate it. The bomb went off in front of the police, and Wells eventually died before he could use the duress defense.
The other people involved in the robbery claimed that the man was in on the crime and only tried to back out when he learned that a real bomb was being used. Even so, the concept of someone being forced to rob a bank at the threat of death is a vivid example of the duress defense.
The Necessity Defense
If your situation doesn’t qualify for the duress defense, you may still be able to use the related necessity defense, which applies when you commit a crime to prevent a larger danger. For example, if you are drunk at a party and have to drive away while intoxicated to avoid being attacked by another party guest who wants to harm you, you may be able to use this defense. The key factors in the necessity defense are that 1) you had no other alternative than to commit the crime, and 2) you stopped doing the illegal activity as soon as you escaped the danger.
If someone forced you to commit a crime and you only did it to protect your life or someone else’s life, Peter M. Liss can help. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.
