Felony charges often carry lengthy jail time and severe criminal fines. When up against these charges, defendants naturally want to explore every option to fight them, including the necessity defense.
The necessity defense argues that a person committed a crime to prevent greater harm. It acknowledges the illegal act but claims it was necessary under the circumstances.
Applying the necessity defense in felony cases is uncommon
Defendants must meet stringent requirements to use the necessity defense. If you fail to prove even one of these elements, the defense may not work:
- Imminent harm: The threat you faced was immediate and severe.
- No legal alternative: There was no other legal way to avoid the harm.
- Proportional response: The harm you caused was less than the harm you avoided.
- Direct causation: Your illegal act directly prevented the more significant harm.
- No contribution: You did not create the situation that led to the unlawful act.
It is crucial to note that while the necessity defense is a valid legal strategy, it is inherently difficult to prove, especially in felony cases.
For instance, suppose you steal a car to rush someone experiencing a heart attack to the hospital. Under normal circumstances, auto theft is either a misdemeanor or a felony. But in this case, you did it because of a medical emergency.
Your actions might be justifiable, but only if no other options were available and you can prove the medical emergency was real. Did you try to call 911? Did you seek help from others? The court will scrutinize your decision-making process.
Courts are cautious about setting precedents that might encourage individuals to break the law under the guise of preventing greater harm. The interpretation of what constitutes an “immediate threat,” “no legal alternatives,” and “proportionality” can also vary widely, which makes it more difficult to meet the necessity defense criteria consistently.
Exploring more viable legal defenses is crucial
Given these challenges, obtaining legal counsel is invaluable if you are contending with felony charges. An experienced felony defense attorney can help gather evidence to support your claim and explore a more robust defense if necessary.
