What Is a Defense of Necessity?

Posted on : August 22, 2017
a defense of necessity may help you avoid time behind bars

A Defense Of Necessity

There are many different potential defenses to being accused of a crime in any state across the U.S. and it is important to hire an experienced criminal defense attorney as soon as possible so that you have someone in your corner advocating for your rights and protecting you over the duration of your criminal charges. Failing to get help from an experienced criminal defense attorney could expose you to greater risks such as being put behind bars or having to pay significant fines as part of the penalties of a conviction.

Given that there are so many different defenses, contacting your attorney sooner rather than later to discuss the options can help to illuminate which or which combination of potential defenses will work as the best strategy for you. Being able to find a strategy that creates doubt or shows how mismanagement of your arrest, evidence, or case in general could ultimately help you avoid serious punishments and a criminal record.

A defense of necessity is one such potential response.

This defense can be raised when you allege that the act was carried out as a result of exceptional circumstances. This could illustrate that you had no choice but to disobey the law and were truly desperate in the individual situation. There are four primary factors that the courts review in order to determine whether a defense of necessity can apply. These include:

  • *The illegal act was intended to avert a greater evil.
  • *The illegal act could not have been any more than what was necessary to avert this greater evil.
  • *There had been no other legal or reasonable alternative course of action.
  • *The illegal act must have been a most likely effective or effective way of averting that greater evil.

Typically, courts are very reluctant to accept this type of defense, which is why you need an experienced criminal defense attorney to assist you if you intend to pursue this route. You may still be convicted, even if all of the above criteria hold. You need a lawyer who is dedicated to exploring every opportunity to protecting your rights. Defense of necessity might be the right fit for you, but only a lawyer can determine that.


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