The United States is a nation built on laws. For the most part, if you are guilty of committing a crime, you will be punished by the law to some extent. However, there are instances in which a crime may be justified. Though rare, defendants sometimes break laws due to exigent circumstances. If those circumstances fit into one of the five types of justification defenses, it can positively affect the outcome of your case. The five justification defenses are self-defense, necessity, duress, protecting others from harm, and defending your personal property. If you have been charged with a misdemeanor and/or felony, it is recommended that you hire a criminal defense attorney like the ones at The Law Office of Hernandez & Hamilton, P.C. This is especially necessary if you believe that you were ultimately justified in committing any particular crime.
Self-Defense Justification
The self-defense justification is well known. It is typically used as a criminal defense in battery cases as well as homicide. Essentially, if the defendant can prove that they were acting in self defense when the crime was committed, they can be absolved from punishment. However, each case must meet specific criteria. First, you must be able to prove that your life was in danger. Additionally, you will have prove that you used the amount of force that the situation called for, nothing more.
Necessity Defense
As the name suggests, a necessity defense can be raised if a crime was committed out of necessity. In order to successfully establish a necessity defense, many factors must be taken into account. To successfully mount this defense, there must have been a provable threat of danger for yourself or another. The act must be committed because there was no other way to maintain your safety or the safety of another without breaking the law. This type of defense can be complex and will require the expertise of a seasoned criminal defense attorney.
Duress Defense
A duress defense can be used when a person that is held against their free will commits a crime due to their captivity. One important factor is that they must have been held by threat of physical violence and/or force or actual violence. If there was no other way to avoid potential physical punishment for not acquiescing to the perpetrators demands, then committing a crime can be justified.
Protecting Others From Harm
This can be a difficult defense to prove. However, it is possible to be absolved of a crime if you commited the crime while taking reasonable measures to defend another person. Typically, if that person has the right to defend themselves, but can’t for some reason, a person stepping in to defend them then has the same rights that the defenseless person has. For example, a defendant that uses physical force to stop a person from being beaten up against their will.
Defending Personal Property
Similar to committing a criminal act in defense of others, there are provisions in the law that allow for people to break the law in the defense of property. However, these laws are much stricter than those that are used for defense of another person. Additionally, the actions of the accused must be reasonable. For example, if Bob attempts to sunbathe in James’ yard and James pushes him off of his property. James’ use of force will typically be justified because he was reasonably defending his property.
