Duress Defense in Missouri. Sometimes, people commit crimes because they feel they have no other choice. When someone is charged with a crime after being forced to do something illegal under the threat of serious harm, they may be able to use the duress defense, essentially saying, “I didn’t want to do it, but I was forced to.”
In Missouri, the law recognizes that people may act under extreme pressure or threats, but there are strict rules about when this defense can be used. The key question is whether a reasonable person would have felt they had no choice but to commit the crime under the same circumstances.
Definition of Duress in Missouri
The duress defense is used when a defendant argues that they committed a crime because they were coerced or threatened with serious harm. In other words, the defendant claims they acted against their will because they were forced to choose between committing the crime or facing immediate physical harm to themselves or someone else. Duress essentially says, “I wouldn’t have done this if I hadn’t been put in an impossible situation.”
This defense only applies when the threat involves unlawful physical force and when the situation would compel a reasonable person to act in the same way.
Legal Requirements for the Duress Defense in Missouri
Missouri Revised Statute §562.071 details when the defense of duress can and can’t be used:
- Coercion by Unlawful Force
The defendant must prove that they were forced into committing the crime because of an immediate threat of unlawful physical force. This force could be directed at either the defendant or a third party (such as a family member or close associate). The key element here is that the force or threat was unlawful and created a serious, imminent danger that the defendant could not ignore.
- Reasonable Resistance
The duress defense can only be used if a person of reasonable firmness—essentially, an average person in the same situation—would have been unable to resist the pressure of the threat. The law recognizes that in certain extreme situations, most people would feel compelled to act in ways they normally wouldn’t, but the response must be proportional to the level of the threat. You cannot, for example, physically attack somebody if all they did was yell at you from across the street.
Limitations of the Duress Defense in Missouri
Missouri law also details instances in which the duress defense cannot be used:
- Murder
The duress defense cannot be used to excuse the crime of murder. This means that even if someone was forced under threat of harm to kill another person, they cannot claim duress as a defense for taking a life. In some circumstances, someone charged with murder may be able to claim self-defense, defense of others, or the castle doctrine.
- Self-Created Risk
The duress defense is not available if the defendant recklessly placed themselves in a situation where they were likely to face coercion or threats of harm. For example, if someone willingly involves themselves with a criminal group where violent crimes or threats are common, they can’t later claim duress when forced to commit a crime under those circumstances.
In Missouri, the duress defense is an affirmative defense. That means the defendant may acknowledge they committed the act, but state that it is not a crime because they had a valid reason for doing so.
This differs from other defenses, like denial or alibi, where the defendant argues they didn’t commit the act at all. Affirmative defenses focus on the circumstances surrounding the act, not whether it happened.
Burden of Proof for the Duress Defense in Missouri
In Missouri, once the defendant raises the duress defense, they must provide enough evidence to support the claim that they were forced to commit the crime under duress. This initial presentation of evidence doesn’t have to fully prove the defense but must be enough to make it a legitimate issue in the case.
Once the defendant meets this burden, the prosecution must then prove beyond a reasonable doubt that the defendant was not acting under duress. Essentially, the prosecution must show that the threat was not as immediate or severe as claimed, or that a reasonable person would not have committed the crime under the same circumstances.
Examples of Duress Defense in Missouri
Every criminal case, and therefore defense strategy, is different. However, here are some hypothetical examples of when the defense of duress may apply:
- Armed Robbery Getaway: A person is forced at gunpoint to drive the getaway car after a bank robbery. The threat of immediate harm compels them to assist in the crime.
- Forced Drug Trafficking: An individual is threatened with death if they don’t transport illegal drugs across state lines, leaving them no choice but to comply.
- Assisting in Theft: A person is told their family will be harmed unless they help in committing a burglary. The immediate threat to their loved ones makes it impossible for them to refuse.
The important part of these examples is that the person is acting under the immediate threat of harm, which they believe they cannot escape. The duress defense would hinge on proving that the threat was real and that any reasonable person in the same situation would have been unable to resist the coercion.
Why You Need an Experienced Missouri Criminal Defense Attorney for the Duress Defense
A successful duress defense involves presenting evidence of the immediate threat, showing that no reasonable alternative existed, and making sure the court understands the unique circumstances of your case. The prosecution will try convince the jury that your actions were not justified; you need a skilled and experienced St. Louis criminal defense lawyer to successfully argue your case.
Combs Waterkotte’s attorneys will gather crucial evidence, work with expert witnesses, and build a strong argument tailored to the specifics of your case.
If you believe the duress defense applies to your case, contact us online or call (314) 900-HELP for a consultation and let us help you protect your rights and future.
