After being charged with committing a crime in New Jersey, a defendant may avoid punishment if they can show that they were forced to act illegally through coercion or threats of harm. New Jersey’s criminal code recognizes the affirmative defense of duress in criminal cases. While the burden of proof in a criminal case is usually on the prosecution, a defendant claiming they acted under duress must prove their claim.
If you feel like you were acting under duress when you committed the criminal charges against you in New Jersey, a criminal defense lawyer at the Law Offices of Jonathan F. Marshall can help you. As your defense team, we will put our 200+ years of combined legal experience into fighting the charges you face.
Each of the defense attorneys at our law firm has considerable experience defending individuals facing criminal charges in NJ and can present an affirmative defense of duress to the court for you. If you or a loved one have just been arrested or indicted in New Jersey, contact us day or night, including on weekends. Our attorneys can step in promptly to protect your rights, investigate your case, and develop a solid legal defense for you. Call or reach out online now.
What Is the Definition of Duress in Criminal Law?
Duress is when someone threatens or coerces another person to commit acts they would not commit otherwise. A New Jersey criminal defendant may use duress as a defense against their charges. For example, holding someone at gunpoint to force them to break the law could be considered duress.
What Are the Elements of Duress in New Jersey Criminal Law?
Under New Jersey law, someone can defend against criminal charges if they can prove the following elements:
- They were coerced into committing the crime by the use or threat of unlawful force against them or someone else.
- A reasonable person wouldn’t be able to resist committing the crime in the same situation.
However, there are a few exceptions:
- Recklessness – A defendant cannot claim this defense if they recklessly put themselves into a position where they would likely be put under duress. The duress defense is also unavailable if they put themselves in the situation that led to the criminal charges.
- Murder charges – In a murder case, the defense of duress can only be used to reduce the charges to manslaughter.
- Married couples – A woman cannot say that she was under duress simply because her husband told her to commit an illegal act. This was allowed decades ago but is specifically abolished under current law.
What Is Coercion?
New Jersey law also defines criminal coercion, which may be charged as a third- or fourth-degree offense. Criminal coercion occurs when a person purposely gets someone to act or not act by threatening to:
- Physically harm them or commit some other crime
- Accuse them of a crime
- Expose their harmful secrets
- Take or withhold action as an official or cause an official to do it, such as have them arrested or committed
- Start or continue a strike, boycott, or other collective action, except in the course of negotiations
- Provide or withhold information or testimony in their legal case
- Perform any other act to substantially harm their health, safety, reputation, relationships, business, career, or finances
Criminal coercion is charged as a third-degree offense when the purpose of making the threat is criminal or the person threatens to commit a more serious crime. A third-degree offense is punishable by 3 to 5 years in prison and a fine of up to $15,000. Otherwise, criminal coercion is a fourth-degree offense punishable by up to 18 months in prison and a fine of up to $10,000.
Coercion can be a form of duress in some cases. If you committed a crime as a victim of coercion, you may be able to use duress as a defense.
What Is an Affirmative Defense?
In a typical criminal defense, the burden to prove guilt is entirely on the prosecution. A defendant’s attorneys may question the prosecution’s evidence or introduce new evidence to establish reasonable doubt in the judge’s or jury’s minds. However, the defense is not required to do anything if it believes the prosecution has failed to meet its burden of proof.
This is why the prosecution presents its case first in a criminal trial. They are bringing the charges, so it is up to them to prove guilt.
But in some cases, a defendant may assert an affirmative defense. They admit that they committed the crime but also introduce evidence to justify their actions. For example, self-defense is a well-known affirmative defense against certain violent crimes, such as assault.
When a defendant answers to the charges against them, they must advise the court that they intend to pursue an affirmative defense and present a specific and separate statement of facts supporting it.
Difference Between Defense of Necessity and Duress
Necessity, or justification, is another affirmative defense available against criminal charges in New Jersey. The NJ Supreme Court says that a necessity defense must show:
- The defendant perceived a risk of harm,
- The defendant did not create or contribute to the threat or risk of harm,
- The harm was unavoidable without violating the NJ criminal statute in question, and
- The potential harm was significant and outweighed the purpose of the violated criminal statute.
While a defendant under duress performs an illegal act because of threats or actual harm, a defendant claiming necessity asserts that they had to commit an illegal act to avoid harm to them or someone else. These may seem like the same concept, but they are slightly different.
Duress involves someone else making the defendant commit a crime to avoid harm. Necessity does not require someone else to threaten the harm. It involves someone having to choose between two bad situations. For example, a parent facing reckless driving charges may argue that they had to speed to get their child to the hospital because of a medical emergency.
Examples of Duress as a Criminal Defense
Examples of acts against someone that could lead to claiming duress as a defense for criminal charges might include:
- Threatening to kill the person or their family if they do not help commit a crime
- Physically assaulting the person until they agree to break the law
- Holding the person’s loved one captive until they complete a criminal act
How to Prove Duress in a NJ Criminal Case
To succeed with an affirmative defense, the defendant must prove it by a preponderance of the evidence, which means it is more likely true than not. This is a lower standard than proof beyond a reasonable doubt, the standard for a criminal conviction. On the other hand, the prosecution has the burden to disprove the defendant’s claim of duress and prove each element of the charges beyond a reasonable doubt.
Factors that a New Jersey jury will be instructed to consider when deciding a claim that a defendant acted under duress include:
- Whether the defendant or another person was actually endangered
- Whether the physical force or threat of force posed a danger of present, imminent, and impending harm to the defendant or someone else
- The gravity of the harm or threatened harm
- The severity of the crime committed
- The realistic possibilities for escaping or resisting the coercion and the opportunity to seek help
As your attorneys, the Law Offices of Jonathan F. Marshall would investigate the case against you and your claims of duress to develop a proper defense for you. In addition to establishing a direct connection between you and the person who harmed or threatened you, evidence to support an affirmative defense claim of duress might include:
- Witness testimony
- Video footage
- Evidence of threats in emails, texts, or recorded conversations
- Medical records reflecting the seriousness of injuries you or another person suffered
Initially, we would advise the prosecutor in your case of the evidence we gathered to show that you were under duress and press for charges against you to be dismissed. Because our attorneys have established professional relationships with prosecutors across the state, we can usually negotiate to resolve cases in our client’s favor without going to court when the evidence supports it. If the district attorney is not convinced, we will prepare to present a strong and persuasive case on your behalf in court.
Contact Our New Jersey Criminal Defense Attorneys for Help
If you have been charged with a crime in New Jersey but were acting under duress at the time, we urge you to contact the Law Offices of Jonathan F. Marshall as soon as possible. Our experienced criminal defense attorneys can promptly obtain records on your case and investigate to compile evidence of harm or threats against you. We will work to persuade prosecutors to drop charges against you or proceed with a solid affirmative defense for you in court.
Contact the Law Offices of Johnathan F. Marshall at any of our locations across New Jersey as soon as possible for a free initial consultation.
