Las Vegas Criminal Lawyer
Duress Defense: How Your Las Vegas Criminal Defense Attorney Can Use it to Defend Your Case
In certain circumstances, individuals may be compelled to commit a criminal act because they believe they are in immediate danger or because they feel threatened by another person. When someone commits a crime under such pressure, it may be possible to raise the defense of duress. Duress is a legal defense that argues the defendant acted unlawfully because they were forced to do so due to threats or intimidation, and they reasonably believed that failing to comply would result in immediate harm to themselves or others. A qualified Las Vegas Criminal lawyer can tell you if Duress is a good defense for the charges you are facing.
At Hofland & Tomsheck, attorney Josh Tomsheck is a nationally board-certified criminal lawyer with extensive experience in raising defenses such as duress for his clients. With deep knowledge of Nevada law and years of successful criminal defense experience, Josh Tomsheck understands how to effectively use the defense of duress to help those facing criminal charges in Las Vegas and throughout Nevada. If you or someone you care about has committed a crime under duress, contacting an experienced attorney as soon as possible can make all the difference in the outcome of your case.
What Is the Duress Defense?
Duress occurs when a person is forced to commit a crime because they believe they are in immediate danger of serious harm or death if they do not comply. In Nevada, duress is recognized as an affirmative defense, meaning that the defendant acknowledges the commission of the crime but claims that they were compelled to do so under threat of harm. Duress may serve as a complete defense, leading to an acquittal if the jury believes that the defendant acted under extreme pressure and had no reasonable alternative.
For example, a person may commit battery (as defined in NRS 200.481) if they hit another person only because they were being threatened with immediate harm and believed that striking the individual was the only way to protect themselves. In this case, duress may be raised as a defense to show that the defendant did not act out of malice or criminal intent but rather out of a need to protect themselves from harm.
Duress may be raised in a variety of cases, including charges of battery, auto theft, robbery, and other offenses. However, it is important to note that duress is generally not available as a defense in homicide cases. The law does not excuse someone from taking another person’s life, even if they claim they were forced to do so under threat of harm.
Legal Requirements for a Duress Defense in Nevada
To successfully raise a defense of duress in Nevada, several legal elements must be established. The defense attorney must show that the defendant was compelled to commit the crime under immediate threat of harm and that they had no reasonable means of escape other than to comply with the threat. The key elements of a duress defense include:
Immediate Threat: The defendant must have faced an immediate and imminent threat of serious harm or death. This threat must be direct and specific, meaning that the defendant believed they or someone else would be harmed if they did not comply with the demands of the threatening party.
Well-Grounded Fear: The defendant’s fear of harm must be reasonable and well-grounded. This means that a reasonable person in the defendant’s situation would have believed that the threat of harm was real and that failure to act would result in immediate danger.
No Reasonable Means of Escape: The defendant must have had no reasonable means of escaping the situation or avoiding the threat of harm. If there was a safe way to avoid committing the crime, the defense of duress may not be available.
The Crime Was Committed as a Direct Response to the Threat: The defendant’s criminal act must have been committed as a direct response to the threat of harm. If the defendant acted out of personal motivation or for other reasons unrelated to the threat, the defense of duress may not apply.
These elements must be proven to the satisfaction of the court for the duress defense to succeed. The defendant will need to provide evidence that they were acting under duress and that their actions were not a result of their own free will.
Examples of Duress in Criminal Cases
Duress can arise in a variety of situations where an individual feels compelled to commit a crime due to immediate threats or intimidation. Some common examples of duress in criminal cases include:
Battery: A person who commits battery may argue that they were forced to strike another person because they were threatened with harm. For example, if someone threatens to attack the defendant unless they hit another person, the defendant may argue that they acted out of fear for their own safety.
Theft or Robbery: In cases of theft or robbery, a defendant may argue that they were forced to steal because they were threatened with violence if they did not comply. For example, if a defendant is forced to rob a store at gunpoint, they may raise the defense of duress to explain their actions.
Drug Offenses: A person charged with a drug crime may claim that they were forced to transport or sell drugs under the threat of violence. For example, if a person is threatened by a drug dealer and forced to act as a courier, they may raise duress as a defense to the charges.
These are just a few examples of how duress can be used as a defense in criminal cases. In each situation, the defendant must demonstrate that they acted out of fear for their safety and that they had no reasonable alternative but to comply with the demands of the threatening party.
How a Las Vegas Criminal Defense Attorney Can Help
Raising a defense of duress can be complex and requires a thorough understanding of Nevada criminal law. An experienced criminal defense attorney will carefully review the facts of the case, gather evidence, and develop a strong defense strategy to show that the defendant was acting under duress and should not be held criminally liable.
At Hofland & Tomsheck, attorney Josh Tomsheck has successfully used the duress defense in a wide range of criminal cases. He understands how to present evidence of duress, including witness testimony, expert analysis, and other forms of evidence, to demonstrate that the defendant was acting under threat of harm.
By building a strong defense, Josh Tomsheck can help clients avoid the harsh consequences of a criminal conviction and protect their rights in court. He is committed to providing personalized attention and aggressive representation for every client, ensuring that their side of the story is heard and that their rights are fully protected.
Contact Josh Tomsheck for a Free Consultation
If you or a loved one has been charged with a crime and believe that you were acting under duress, it is critical to speak with an experienced criminal defense attorney as soon as possible. Josh Tomsheck at Hofland & Tomsheck has the knowledge and experience to raise the duress defense in your case and fight for the best possible outcome.
Call us today to schedule a free consultation and discuss your case. We will review the facts, explain your legal options, and develop a defense strategy to protect your rights in court. Don’t wait—contact Hofland & Tomsheck today to get the representation you need for your criminal case.