Legal Defense Duress


Many people commit crimes, such as Theft or Extortion, because they feel they have no other options and need the money. However, there are situations in which people commit crimes because they truly have no other options as there is an immediate threat to their lives or the lives of others. In these cases, the Legal Defense of Duress may apply.

Duress is a rarely-used defense that applies in situations in which someone commits a crime only because of an immediate threat to life posed by another. The typical example is committing a criminal act only because there is literally “a gun to your head.”

Duress is a valid defense for any criminal act except Homicide under California Penal Code 187 PC. This means that under the law, someone is not permitted to trade a life of another to spare their own, even if they are under duress.

For a Duress defense to apply, there must be an immediate threat to life and a subsequent demand or request to commit a criminal offense. A threat to destroy property or a distant threat would not be enough to support a Duress defense. Additionally there must be a reasonable belief in the viability of the threat.

Defenses that are related to the Duress defense include the Necessity defense and Self-Defense.

Mounting an effective Duress defense requires the assistance of a skilled Los Angeles Criminal Defense Attorney. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly effective at raising legal defenses and proactively fighting for his clients who are charged with criminal offenses. Mr. Kraut is highly regarded throughout the court system and has established key relationships with law enforcement and prosecutors. If you or a loved have been charged with a criminal offense in the Los Angeles area, it is critical that you contact Mr. Kraut immediately.

For more information about the Duress Defense, and to schedule your free consultation, contact Los Angeles Defense Attorney Michael Kraut at the Kraut Law Group. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.