Necessity Defense
Under Florida law, it is a defense to a criminal charge if the defendant committed an act out of necessity or duress. Florida law provides for the following four elements to establish duress or necessity:
- The defendant reasonably believed under the circumstances that an immediate emergency or danger existed which threatened significant hard to the defendant or another person;
- The defendant did not intentionally cause the emergency or danger; and
- The defendant had no way to avoid the emergency or danger except by committing the crime charged; and
- The harm that the defendant sought to avoid by committing the criminal act must outweigh the harm caused by committing the criminal act.
For example, consider the case where a husband and wife go out for drinks. The wife has one too many drinks, so the husband drives home. While driving, the husband has an intense pain shooting up his arm. He may be suffering a heart attack. The wife jumps into the driver’s seat, and takes the husband to the hospital. In the process, she is tailed by a cop, who ultimately charges her with DUI.
Call a Tampa Criminal Attorney at Denmon & Denmon today
The wife may not be guilty of DUI, in spite of the fact she had too much to drink. Her DUI Attorney may be able to convince a Jury that the wife acted out of necessity.
If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss if self-defense is applicable in your case. Ask to speak directly to an attorney.
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