Necessity

The Necessity Defense in Missouri. Sometimes life forces us into difficult situations where we have to make split-second decisions to protect ourselves or others, even when “doing the right thing” involves breaking the law. In Missouri, the necessity defense recognizes that in certain emergencies, committing a minor crime to avoid a greater harm can be justified. The defense can only be used if the danger was imminent and unavoidable, and if no legal alternatives existed. Whether it’s driving without a license in an emergency or defending someone from an attack, the law allows for exceptions when the stakes are high and immediate action is required. Essentially, courts recognize that sometimes choosing the lesser of two evils is unavoidable.

Elements of the Necessity Defense in Missouri

Missouri Revised Statute §563.026 outlines when the necessity defense can be used. Several key elements must be proven:

• Imminent Danger: The threat must be immediate and compelling, not hypothetical or distant. For example, a person must prove that harm, whether physical or otherwise, was about to occur, and had they not acted it would not have been avoidable.
• No Legal Alternatives: The defendant must show that no lawful actions could have prevented the harm. Courts expect that all reasonable options were explored before resorting to illegal conduct.
• Proportionality: The harm the defendant sought to prevent must be greater than the harm caused by their illegal action. For instance, trespassing to escape immediate danger or driving without a license to transport someone in a medical emergency may be seen as reasonable under this principle.
• Restrictions: Missouri law excludes the necessity defense for Class A felonies or murder.
• Affirmative Defense: The necessity defense in Missouri is an affirmative defense, which means two things:
  1. The defendant acknowledges they committed the act (unlike other defenses, like providing an alibi), but argues that their actions were justified.
  2. The defendant must prove that their actions were justified; the prosecution doesn’t have to prove their actions were not justified. The defendant must prove necessity by a preponderance of the evidence, which means it’s more likely than not that their actions were justified.

Examples of the Necessity Defense in Missouri

The necessity defense can apply in various situations where the defendant’s illegal actions were taken to avoid greater harm. Here are a few hypothetical examples that may apply under Missouri law:

• Driving Without a License: If someone drives without a license to rush a person to the hospital during a medical emergency, they could claim the necessity defense.
• Trespassing to Avoid Danger: Entering private property during a natural disaster to seek shelter or escape an attacker to avoid injury may also be justified under this defense.
• Property Damage to Prevent Greater Harm: Destroying property to prevent a gas explosion or breaking a window to rescue someone trapped in a burning car may be considered necessary actions to prevent imminent injury.
• Self-Defense to Prevent Assault: A person could use physical force to defend themselves or others if they are about to be attacked. If the force used is proportionate to the threat, this could qualify as a necessity defense under Missouri law, especially if there were no other means to avoid the assault.

In each case, the key is proving that the illegal action was the only option to prevent immediate harm.

While these scenarios help illustrate the defense, success in invoking the necessity defense will depend on meeting all the legal requirements, and the skill and experience of your Missouri criminal defense lawyer.

Challenges in Proving the Necessity Defense in Missouri

While the necessity defense is available under Missouri law, it can be challenging to prove in court. Prosecutors often argue that the danger wasn’t truly imminent or that other legal options existed. Additionally, they may claim that the harm caused by the defendant’s actions was greater than the harm avoided, undermining the proportionality requirement.

Because Missouri courts scrutinize the necessity defense closely, defendants must present strong evidence that their illegal actions were the only way to prevent immediate harm. This makes the expertise of a skilled criminal defense attorney critical to mounting a successful defense.

Call Combs Waterkotte for Your Necessity Defense in Missouri

At Combs Waterkotte, our experienced criminal defense attorneys know that emergencies happen, and sometimes, breaking the law is the only option to prevent greater harm. Our team will thoroughly review your case, gather the necessary evidence, and build a strong defense to protect your rights and your future.

If you or a loved one believe the necessity defense applies to your case, contact Combs Waterkotte today for a free consultation to explore your legal options. You can fill out our online form or give us a call at (314) 900-HELP.