Legal Defense Necessity

California Legal Defenses: NecessityLegal defense of Necessity

Under the Legal Defense of Necessity, a person may be not guilty of a criminal offense if it can be shown that the only reason they committed the crime was because it was necessary and there were no other options available to prevent a greater harm.

In order to establish a Necessity Defense, a defendant must be able to establish that:

  1. The criminal act was committed in order to prevent significant bodily harm
  2. There was no viable legal alternative available
  3. The act did not create a more serious danger
  4. The defendant actually believed that the act was necessary
  5. Such belief was reasonable
  6. And the defendant did not cause or substantially contribute to the emergency situation.

An example may occur in a scenario in which two friends are drinking in a remote location and one of the men suddenly has a heart attack. Knowing that an ambulance or other means of transportation would be unavailable or too slow, the first man drives his friend to the nearest hospital despite the fact that his blood alcohol level is above 0.08 percent. If this man was charged with Driving Under the Influence pursuant to California Vehicle Code Section 23152(b) VC, he could legitimately argue that his impaired driving was a necessary act taken to save his friend's life. A prosecutor, judge or jury may take into account the emergency situation that existed and forgive the crime of impaired driving due to the necessity to save the life of another.

The Defense of Necessity is similar to the California Duress Defense, in that both involve engaging in criminal activity to prevent a greater harm.

Successfully asserting a Necessity defense requires the assistance of a skilled Los Angeles Criminal Defense Attorney. Los Angeles Criminal Defense Attorney Michael Kraut is highly effective at arguing appropriate defenses to prosecutors and juries alike. Asserting defenses such as the Necessity defense requires precise legal knowledge that can only be gained through years of courtroom experience. Mr. Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly regarded by prosecutors and law enforcement alike as a knowledgeable and tenacious legal advocate.

For more information about the Necessity 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 or by setting up an appointment at his office located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028.

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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.