Duress and Coercion

Duress is defined as any unlawful threat or coercion used to induce another to act in a manner that they would other wise not do. A defendant using the duress defense admits that he or she broke the law but claims that they are not liable because it was only performed because of extreme unlawful pressure. Duress can also be raised in an allegation of rape or sexual assault to negate a defense of consent on the part of the person making the allegation.

When a defense of duress is raised, the defendant is automatically accepting some type of culpability. In criminal defense, duress is similar to pleading guilty but is usually used to reduce the sentence. The basis for this is that the duress overwhelmed the defendant’s will and also overwhelmed the will of a person of ordinary courage, therefore rending all behavior as involuntary. The liability is therefore reduced or discharged, making the defense one of exculpation.

The discussion of duress varies across different perspectives. Some say that no one should give into threat or be forced to deliberately break the law, especially if it will cause significant loss or damage to a third person. On the other hand, some view it as a courageous move.

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Contact us online or call at (916) 441-4888 for a free and confidential initial consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.

The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout Placer County and San Joaquin County. Hablamos espanol.