I Committed a Crime, but I Had No Choice
Sometimes in life, we have to make tough decisions. Deciding between two evils is never easy to do. Taking the life of a person or animal is not what most people inspire to do when they awake in the morning. But what happens when you are put into a position to kill or be killed? To protect your children, family, friends or a stranger from an inherit evil that you did not cause is what Criminal Defense Lawyers call a Necessity Defense.
The Necessity Defense, also known as the choice of two evils doctrine, exists when a defendant commits a criminal act, when he reasonably believed that a danger or emergency existed that he did not intentionally cause and that the threatened harm is real, imminent, and impending.
If the defendant or accused believes that his or her action was necessary to avoid an imminent threat of death or serious bodily injury to him or others then they are acting in a necessity. The defendant or the accused must not be the reason why the situation exists. The defendant or the accused has no other means to avoid the threaten harm, except by the use of the criminal conduct. The harm chosen by the defendant or accused is less egregious than the criminal conduct perpetrated by him or her. The defendant or accused ceased the criminal conduct as soon as the necessity ended. In Florida, the defendant or accused will receive the Necessity Defense if it is properly pled at trial. Experienced criminal defense attorney Andrew D. Stine has vast experience in the area of the Necessity Defense and has successful argued the matter to judges and juries throughout the State of Florida. The Standard Jury instructions for the Necessity defense in Florida will only be given, if at trial the defendant or accused through his criminal trial attorney, properly pleads and articulates facts that justify the instructions to the jury.
Defendants are only entitled to an instruction on the defense of necessity, where the theory is supported by evidence that the defendant acted as he or she did in response to threatening circumstances.In determining the appropriateness of the necessity jury instruction, the trial court should examine the evidence in the light most favorable to the defendant to decide whether the necessary elements of the defense have been placed before the jury. In order for the judge to enlighten the jury on this very important and not well used defense, the defendant must shows facts through evidence and not just attorney argument that the defendant’s actions, while inherently evil, where in fact a necessity and the lesser of two evils at the time of crime.
There are many times when inexperienced criminal lawyers listen during a consultation or initial intake, with a criminal client and the defense of necessity does not even cross their thinking. To the inexperienced lawyer, the criminal client seems guilty with little hope of success. To the experienced criminal defense trial lawyer, like West Palm Beach’s Andrew D. Stine, the defense of necessity is quickly written down in his notes and fully articulated at the criminal trial.
If you or a loved one was placed in a position where you had to act even if the action was criminal, to avoid a greater evil, telephone criminal defense attorney Andrew D. Stine. Florida Criminal Defense Attorney, Andrew D. Stine, has been fighting criminal cases for those accused of a crimes throughout Florida for over a decade. Battle hardened and tested in criminal trials is why Criminal Defense Attorney, Andrew D. Stine, is the necessity you or a loved one needs in the time of evil. Hire Stine or Do the Time!