Justia Lawyer Rating
Super Lawyers
Americas Top 100
Avvo Rating
The Florida Bar
National Association of Criminal Defense Lawyers
Seal of the Supreme Court of the United States
The Florida Bar
New York Academy of Trial Lawyers

Duress or Necessity

It is a defense to a crime if the defendant acted out of duress or necessity.

That means all of the following have to be proven by the defendant:

  1. The defendant reasonably believed a danger or emergency existed which was not intentionally caused by him.
  2. The danger or emergency threatened significant harm to himself or third person.
  3. The threatened harm was real, eminent and impending.
  4. The defendant had no reasonable means to avoid the danger or emergency except by committing the crime.

The threat of a future harm is not sufficient to prove this defense.

Client Reviews
My experience with Mr. Behr and his staff was nothing short of phenomenal. I hope to not ever need representation again. But In the case I do. J would absolutely use Mr. Behr. I would also fully recommend him to anyone I know in need of representation. Jeff
When I travel throughout the world for business I can honestly say that I feel extremely comfortable knowing I can pick up the phone for guidance and know Mr. Behr will consistently have my back with a positive answer on the other end. I attribute my success with my business by having this honorable man on my team. Thomas
Mr. Behr has helped me in various cases. And each time has been more than successful than I expected! I would recommend him 100% to anyone with legal problems. Eve
He filed motion after motion until the judge finally dismissed my case. He even took it to another judge. The guy never stopped and let nothing stop him. He was all over the prosecutor and knew more law than the judge, it was super cool to watch the man work. He is the best lawyer in the county. Jose