![]() The ( crime charged) must have been committed out of duress to avoid the.The defendant had no reasonable means to avoid the except by committing the ( crime charged).The threatened harm must have been real, imminent, and impending.The threatened significant harm to him or herself, or to a third person.The defendant reasonably believed existed which was not intentionally caused by the defendant.In order to find the defendant committed the ( crime charged) out of duress, you must find the following six elements: It is a defense to ( crime charged) if the defendant acted out of duress. ![]() Applicable Jury Instructionsįlorida Standard Jury Instruction 3.6(k) provides as follows:Īn issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). Petersburg area criminal defense attorney can explain the duress defense in greater detail and whether it presents a viable defense in your case. It should be noted that in Florida, duress is not a defense to premeditated or attempted premeditated murder. If the jury finds that the defendant committed the charged offense because of duress, the jury must find the defendant not guilty. In raising a duress defense, the accused admits to committing the crime charged, but asserts that he or she did so to avoid a dangerous situation or other emergency that he or she did not intentionally cause. PETERSBURG CRIMINAL CHARGEĭuress is recognized as an affirmative defense in the state of Florida. ![]() ![]()
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