Necessity Defense in Criminal Cases

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It is unfortunately common nowadays to find yourself accused of various illegal activities. In these cases, it is essential to get the best team to guarantee an acquittal. You don’t want to face the consequences of a criminal conviction. Other than the hefty penalties and extended jail terms, a criminal sentence will lock you out of job opportunities and certain privileges.

Fortunately, there are various strategies to get you acquitted. One of the most common defenses used by defense law firms in Lynnwood is a necessity. In defense of necessity, your legal team will establish that you had no alternative but to break the law. Here are some of the things that can make this defense work in your favor:

Reasonable Belief

Under the necessity defense, you must have reasonably believed that there was a real and imminent threat that demanded your immediate action. In all states, the courts require that the danger in question should have been reasonably evident to an average person. If the risk to your safety is only subjective, then this defense does not apply to your case.

No Realistic Alternative

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The necessity defense is an explanation of your criminal act. It is hence imperative to prove that you had no practical options at the time you committed the crime, such that your actions were justified. This does not, however, mean that you had no options available at the time. You only have to prove that the available alternatives were not realistic.

No Greater Harm

In most cases, you might commit a crime to prevent a severe problem from occurring. In defense of necessity, you should establish that the crime you committed resulted in no more significant harm than the one you prevented. For instance, if your vehicle brakes fail and you crash into an empty property rather than a crowd of people, then you have caused less harm.

No Involvement in Your Threat

All defendants claiming necessity as their defense should not have contributed to the danger that caused them to commit a crime. If you had, for example, been advised that your car’s brakes were faulty and yet drove the same car and plunged into an empty property, you could not use necessity as a defense. This is because you failed to act responsibly and thus contributed to the threat that led you to commit a crime.

In the end, the given elements are challenging to establish, but a seasoned legal team can handle them. Some defendants, however, plea guilty with no legal advice when faced with criminal charges that can be acquitted by a necessity defense. They assume that the necessary element of their crime is rather apparent and they will get off the hook. Unfortunately, they only get hefty penalties for their offense. With that in mind, you should avoid any form of complacency. When receiving a warrant of arrest, be sure to seek the help of a trusted lawyer immediately. Do not say anything that the law can use against you.

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