Is Necessity A Good Criminal Defense?

Law Blog

Some people find themselves in situations where they feel no choice but to commit a criminal act. Perhaps the situation was an emergency that called for you to act in a specific way, making your actions justified.

If this happens, you might consider "necessity" as a criminal defense. How would your defense stack up in court? This guide will help you figure out what to do.

What Is 'Necessity' as a Criminal Defense?

First, you need to know what this criminal defense entails. If you use the necessity defense, you are essentially admitting that you committed the illegal act but had to do it in order to prevent something worse from happening.

In order to use this defense, you must have had a reasonable belief that you had to take immediate action, even if it was illegal. There was no alternative, nothing you could have done that would have mitigated the circumstances or helped you avoid the criminal action.

The court will also consider the harm that resulted from the incident. If the harm created was much greater than the circumstances that would have occurred if the other event happened, the criminal charges may stick. As part of this, the court will also consider the actions that led to the threatening incident as well.

What Are Some Examples of This Defense?

There are several ways in which this kind of defense has been used. If you are curious about your potential rate of success for this kind of case, a criminal defense attorney can show you other circumstances in which these types of events occurred.

For example, you may face charges on assault because you stabbed somebody with a knife. On the surface, this seems devastating. But what if you only stabbed somebody because this person was attacking a group of people you were with, physically assaulting the group? You may have a strong necessity defense.

In another instance, you may be accused of reckless driving. But what if you were only driving dangerously because you were being followed by somebody who meant to do you harm?

Consult With a Criminal Defense Attorney

A criminal defense attorney is your best shot at reducing or fighting your charges. No matter what kind of defense you intend to use, you need to have a strategy. Call an attorney today to learn more about your defense choices no matter the criminal charges you face.

To learn more, contact a criminal lawyer.


30 July 2020

How to Gain Guardianship Over a Child

The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.