The Defense of Necessity is similar to the California Duress Defense, in that both involve engaging in criminal activity to prevent a greater harm. A prosecutor, judge or jury may take into account the emergency situation that existed and forgive the crime of impaired driving due to the necessity to save the life of another.
Successful duress defense cases code#
If this man was charged with Driving Under the Influence pursuant to California Vehicle Code Section 23152(b) VC, he could legitimately argue that his impaired driving was a necessary act taken to save his friend's life. Knowing that an ambulance or other means of transportation would be unavailable or too slow, the first man drives his friend to the nearest hospital despite the fact that his blood alcohol level is above 0.08 percent. And the defendant did not cause or substantially contribute to the emergency situation.Īn example may occur in a scenario in which two friends are drinking in a remote location and one of the men suddenly has a heart attack.The defendant actually believed that the act was necessary.The act did not create a more serious danger.
There was no viable legal alternative available.
The criminal act was committed in order to prevent significant bodily harm.In order to establish a Necessity Defense, a defendant must be able to establish that: Under the Legal Defense of Necessity, a person may be not guilty of a criminal offense if it can be shown that the only reason they committed the crime was because it was necessary and there were no other options available to prevent a greater harm.
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