The Coercion Defense in Missouri. The coercion defense is a crucial legal strategy that could be applicable if you are forced to commit a crime under the threat of harm or violence. In Missouri, using the coercion defense requires a deep understanding of the law, the ability to present compelling evidence, and an attorney who can navigate the complexities of your case.
If you’ve been charged with a crime but believe you were coerced into committing it, an expert criminal defense attorney at Combs Waterkotte can help you build a strong defense strategy while protecting your rights, your future, and your freedom. The Combs Waterkotte legal team has over 40 years of experience and has successfully handled – and built strong defense strategies for – more than 10,000 cases just like yours.
Missouri courts apply strict standards for proving coercion, also called duress, and the defense does not apply in cases where the crime involved taking an innocent life, such as in murder/homicide cases. A lawyer with in-depth expertise in Missouri criminal law is critical for understanding how these laws apply to your situation.
The Combs Waterkotte lawyers will assess the evidence in your case and determine whether the coercion defense can be effectively used. Their knowledge of Missouri’s legal framework ensures that your defense strategy is thorough and well-prepared.
What is Coercion in Missouri?
Coercion refers to the use of express or implied threats of violence, reprisal, or intimidating behaviors that put you in immediate fear of dire consequences to force you to act contrary to your will. These acts of violence or threats of violence can be considered coercion if the perpetrator used them to make you subvert your consent of free will.
Coercion involves any of the following:
- Threats of serious harm to or physical restraint against any individual
- Any scheme, plan, or pattern intended to cause an individual to believe that failure to perform an act would result in serious harm to or physical restraint against any individual
- The abuse or threatened abuse of the legal process
Critical Elements of Coercion Defense in Missouri
As long as you did not negligently place yourself in a dangerous situation, you can claim coercion as a defense. In order to establish a coercion defense, your lawyer must prove the following:
- Immediate threat of serious bodily harm: To effectively assert a coercion defense, you must demonstrate to the court that you were forced to commit an unlawful act due to a threat of harm. The threat must have been so severe that it posed a direct risk to your life or could result in immediate serious bodily injury.
- Reasonable fear of the threat being carried out: You must have had a reasonable belief that your life was in immediate danger when you committed the act, meaning an individual in similar circumstances would have felt the same. The court will consider factors like the credibility of the individual making the threat, their ability to carry it out, their intimidating behavior, and any relevant history.
- Non-availability of alternative means of escape: The threat you encountered must have been such that there was no realistic way to evade it. This means there couldn’t have been a reasonable opportunity to escape the impending harm. Factors like the presence of other people, the setting of the event, and how close the threat was to being carried out are all important.
- By claiming coercion, you admit to the offense but contend that the circumstances relieve you of responsibility.
Why a Criminal Defense Lawyer’s Expertise Matters in a Coercion Defense
The coercion or duress defense applies when you are forced to engage in criminal activity under the threat of imminent harm. Missouri law requires that the harm or threat of harm be serious enough to outweigh the criminal act.
It’s crucial to work with an experienced Missouri criminal defense attorney who provides the right combination of expertise, resources, and client-centered representation when using the coercion defense. The Combs Waterkotte lawyers will demonstrate that:
- You were under an immediate threat of severe harm or death.
- The threat was ongoing and unavoidable.
- You had no reasonable opportunity to escape or prevent the crime from happening.
Combs Waterkotte Utilizes Comprehensive Resources to Build a Coercion Defense
Proving coercion requires more than simply asserting that you were threatened. Your attorney must present concrete evidence that shows the coercive situation you were in at the time of the crime. A criminal defense attorney with access to a wide range of resources will be able to thoroughly investigate your case and:
- Gather witness testimony from individuals who were aware of the threats made against you.
- Investigate the individual or group who coerced you, including their criminal history and any patterns of behavior.
- Obtain physical evidence, such as phone records or messages, that corroborate the threat you faced.
Personalized Attention to Your Case From Expert Criminal Defense Attorneys
A cookie-cutter approach to criminal defense won’t work when dealing with a defense as specific as coercion. You need the expert attorneys at Combs Waterkotte on your side, the ones who take the time to understand the details of your case, your background, and the circumstances that led to your involvement in the crime. By getting to know you personally, your attorney can build a defense strategy that best fits your situation.
Personalized legal representation means that Combs Waterkotte will take into account factors like your relationship with the individual who coerced you, whether there was a history of abuse or intimidation, and how these circumstances impacted your ability to avoid criminal activity.
Why You Need a Combs Waterkotte Attorney for a Coercion Defense
Here’s why a Combs Waterkotte criminal defense attorney is essential when using coercion as a defense:
- Challenging the Prosecution’s Narrative: It’s vital to challenge the prosecution’s version of events, seeing as they may argue that you voluntarily committed the crime or had the opportunity to avoid the situation entirely. Your skilled attorney will work to discredit any of these claims.
- Guidance Throughout the Legal Process: From the moment you are charged with a crime, you need ongoing legal support to make sure your rights are protected. Combs Waterkotte does just that, and continues to do so throughout the process – guiding you through every step of the way.
- Emphasizing Your Best Interests and Rights: Above all, a defense attorney who specializes in coercion cases prioritizes your rights and best interests throughout the legal process. The Combs Waterkotte lawyers work tirelessly, ensuring that you’re not unjustly punished for actions you were forced to take. This can help alleviate some stress and anxiety during these trying times.
If you have been charged with a crime that you were coerced into committing, it’s essential to hire a Missouri criminal defense attorney who has the knowledge and experience to build a compelling defense strategy. Call Combs Waterkotte right now at (314) 900-HELP or reach out online for a free, confidential consultation with an expert criminal defense attorney.
