Understanding the Definition of Duress
Hello, My name is Stuart Ericson. I am a lawyer in Wagoner. Duress is a defense that can be used in criminal cases when a person has committed a crime due to a reasonable fear of death or great bodily harm. However, the fear must be reasonable, and it is ultimately up to the jury to decide whether the belief was reasonable or not. If a person can show sufficient evidence of the threat or situation that caused the fear, they may be able to use the defense of duress. However, there are limitations to this defense, such as the requirement that there was no reasonable opportunity to escape the danger or situation.
The Importance of Sufficient Evidence
In order to use the defense of duress, a person must provide sufficient evidence of the threat or situation that caused their fear. If there is not enough evidence, the judge may not give the instruction of duress, and the defense will not be available. It is important to work with an experienced criminal defense attorney who can help gather and present the necessary evidence to support this defense.
Get Help with Your Criminal Defense Needs
If you are facing criminal charges and believe that the defense of duress may apply to your case, it is essential to consult with an experienced criminal defense attorney in Oklahoma. At Wagoner Law Firm, we are committed to helping our clients understand their rights and options in criminal cases, and we offer a free initial consultation to discuss your case. Contact us today at 918-485-0335 to schedule your consultation and start building your defense.