Duress occurs when someone is forced or pressured into committing a crime against their will. In Maryland, duress may serve as a legal defense if the accused can prove that they had no realistic prospect of escaping without suffering serious harm.
While duress may be used in a legal defense strategy, it can only be used in very specific circumstances. Here are some important factors to keep in mind.
Threats of physical harm
One of the most common forms of duress involves threats of violence. A person may be forced to commit a crime under the threat of serious injury or death. For example, a person may be ordered to rob a store while someone holds their family hostage. In Maryland, duress can be a defense if the threat was immediate and unavoidable. It is important to note that the defense of duress cannot be used in murder cases.
Psychological manipulation
Not all duress involves direct threats. Some individuals are pressured into crimes through psychological control. For example, a victim of domestic abuse may be manipulated into committing fraud or theft to “prove” their loyalty to an abuser. Maryland law may recognize this form of duress if the person had no realistic way to refuse without suffering serious consequences.
The burden of proof for duress is very high. The defendant must typically show that they had no reasonable alternative to committing the crime. Often, duress is not enough to dismiss charges, but it can be a mitigating factor that reduces penalties. Seek legal guidance to find out more about this subject.