To support a necessity or duress defense under Florida Law, there must be sufficient evidence of the following six elements:
- The defendant reasonably believed that a danger or emergency existed, which the defendant did not cause;
- The danger or emergency threatened significant harm to the defendant or another person;
- The threatened harm must have been real, impending, and imminent;
- The defendant had no reasonable means to avoid the danger or emergency except by committing the alleged criminal act;
- The criminal act was actually committed to avoid the danger or emergency; and
- The harm that the defendant sought to avoid outweighed the harm caused by commission of the criminal act.
Under Florida law, “Imminent and impending” means that the danger or emergency was about to take place and could not, under the circ*mstances, be avoided by taking other reasonable actions. In this regard, a threat of future harm is not sufficient to prove the necessity defense. A defendant is also precluded from raising necessity or duress as a defense where he or she committed the alleged criminal act after the danger from the threatened harm had passed.
The reasonableness of the defendant’s belief that a danger or emergency existed is determined by viewing the evidence presented as a whole. Furthermore, in deciding whether it was necessary for the defendant to commit the charged crime, the jury must judge the defendant by the circ*mstances by the facts and circ*mstances surrounding the defendant at the time the crime was committed.
Requirement of Actual Danger or Emergency
Under Florida law, the danger or emergency facing the defendant does not have to be an actual danger or emergency. The first element of the defense is that the defendant “reasonably believed” that such a danger or emergency existed. However, to justify the commission of a criminal act, the appearance of the danger or emergency (under the circ*mstances faced by the defendant) must have been so real that a reasonably cautious and prudent person under the same circ*mstances would have believed that the danger or emergency could be avoided only by committing the charged crime. In other words, based upon objective appearances, the defendant must have actually believed that the danger or emergency was real.
Application of the Necessity / Duress Defense
There are innumerable applications of the necessity defense under Florida law. The defense can be raised in virtually any criminal proceeding, regardless of the nature of the charge. If the circ*mstances necessitated the commission of a crime, and there was no reasonable alternative, and the defendant did not create the situation in which he found himself, then the necessity defense may be available. However, the defendant must meet all elements of the necessity defense discussed above.
Necessity or duress defenses are frequently raised in traffic offense cases. In Williams v. Sirmons, 563, F. Supp. 2d 1315 (M.D. Fla. 2009), a Federal district court, interpreting Florida law, upheld the use of the necessity defense where a pregnant woman, who was in need of urgent medical related to her pregnancy, drove away from a traffic stop in order to avoid imminent harm to her fetus. Similarly, in Bozeman v. State, 714 So. 2d 570 (Fla. 1st DCA 1998), the First District Court of Appeal of Florida held that a defendant in a felony driving with a suspended license case was entitled to the necessity defense where the defendant took the wheel to prevent a drunk driver from causing harm. In that case, the defendant believed he had no viable alternatives to driving since he thought he could get in trouble if he took driver’s keys away and he had no money for a taxicab.
If you have been charged with a criminal offense in Jacksonville or the surrounding counties of Northeast Florida and believe that a necessity or duress defense may apply to you, contact Hussein & Webber, PL to discuss your case. Our consultations are free and confidential.
The article you've shared delves into the legal framework of necessity or duress defenses under Florida law. It outlines six crucial elements required to support such a defense:
- Reasonable Belief of Danger/Emergency: The defendant must have genuinely believed in the existence of a danger or emergency that they did not cause.
- Threat of Significant Harm: This danger or emergency should have posed a significant threat to either the defendant or another person.
- Imminence of Harm: The danger must have been real, impending, and imminent.
- No Reasonable Means to Avoid: The defendant should have had no reasonable alternative but to commit the alleged criminal act to avoid the danger or emergency.
- Committing the Act to Avoid Danger: The criminal act must have been committed specifically to avoid the danger or emergency.
- Balancing Harms: The harm sought to be avoided should outweigh the harm caused by the commission of the criminal act.
Florida law specifies that the danger or emergency doesn't have to be actual, but the defendant's reasonable belief in its existence is crucial. The appearance of danger must have been so real that a reasonably cautious person under similar circ*mstances would have believed the only solution was committing the crime.
The article highlights various applications of the necessity defense, not limited by the nature of the criminal charge. It mentions cases where the defense was upheld, such as a pregnant woman driving away from a traffic stop to seek urgent medical attention related to her pregnancy or an individual taking control of a vehicle to prevent harm caused by a drunk driver.
Understanding these legal concepts requires a grasp of criminal law, particularly in Florida, and an appreciation of case law that demonstrates how these principles are applied in various situations. The application of the necessity defense relies heavily on the specifics of each case and the ability to fulfill all elements outlined by the law.
Legal professionals, like Hussein & Webber, PL, often handle cases where individuals believe a necessity or duress defense may apply. These consultations aim to explore the circ*mstances and assess the viability of employing such a defense strategy. It's crucial to comprehend the nuanced details of each case and how they align with the legal criteria outlined for this defense under Florida law.
