Duress is a defense that may be used in both civil and criminal cases
When someone is forced to act against one’s interests or the interests of a significant other by force, coercion, or threat of force, are acts under duress that can be a complete defense to the crime charged.
Criminal Act
Someone who commits a criminal act under duress mitigates the specific intent necessary to prove the criminal act.
To act under duress, a person must demonstrate one was under extraordinary pressure and was in immediate apprehension of being harmed.
The courts have held that someone confined against their will or falsely imprisoned constitutes duress and coercion, which can be a complete defense for committing a crime.
Civil Law
A person is threatened that her son may disappear unless they sign a property settlement agreement. Agreements signed under such duress are voidable by the party subjected to duress.
