Criminal charges are frightening to face. Your whole future might be in jeopardy, and you might not understand why you are charged or how to defend yourself. In some cases, people who commit an alleged offense do so under intense emotional duress, which might compromise the intent necessary for a criminal conviction.
If you were under serious emotional duress when you committed an alleged criminal offense, it is possible that you lacked the intent necessary to be criminally culpable for your actions. For example, some criminal statutes require that a defendant acted willingly and intentionally when they committed the crime. However, if you act under intense emotional duress, your actions might not be entirely willing, and you might be able to reduce the charges or even avoid a conviction. Proving emotional duress can be tricky and may vary greatly from case to case. It might stem from a mental or psychological condition or come from a set of intense and shocking facts that caused the defendant significant distress.
For a free review of your case, call Overson & Bugden at (801) 758-2287 and talk to our Utah criminal defense lawyers.
How Emotional Duress Might Affect Criminal Charges
Criminal charges are based on elements that must be present for the charges to be applicable. These elements vary depending on the nature of the alleged offense and the charges desired by prosecutors. However, certain elements are common and occur in many different charges. Intent is one such element and involves the mental state and intention of the defendant when they allegedly committed the offense. The presence of emotional duress may alter the intent required for certain charges.
According to Utah Code § 76-2-101, a person may not be found guilty of a crime unless two specific conditions are satisfied. First, the defendant’s actions must constitute conduct that is prohibited by law. Second, the defendant must have acted intentionally, knowingly, recklessly, with criminal negligence, or another mental state specified within another criminal statute. Alternatively, the defendant’s actions constitute a strict liability offense.
Emotional duress often causes people to act without thinking or considering their actions. If a set of criminal charges requires that the defendant acted intentionally or willfully, the defendant might undermine this element by claiming they were under emotional duress.
Emotional duress can also undermine reckless intent. Under § 76-2-103(3), reckless intent involves a defendant who is aware of substantial and unjustifiable risks of their conduct but chooses to disregard them. Their actions should constitute a gross deviation from the normal standard of care a reasonable person would exercise under similar circumstances. Suppose the defendant was under significant emotional duress. In that case, they might argue that they were unable to consider the risks of their actions and that they did what they thought was reasonable or necessary to avoid perceived harm.
How to Prove Emotional Duress to Mitigate Utah Criminal Charges
What people might consider emotional duress is somewhat subjective, as different people react differently to distress, duress, or coercion. To help our West Valley City, UT criminal defense lawyers figure out how we can prove emotional duress, we can look to statutes related to criminal charges for homicide offenses.
Emotional duress as mitigation for homicide-related charges is found under Utah Code § 76-5-205.5(2). Under the law, the defendant must have acted under a delusion attributable to a mental health condition while under circumstances that cannot be legally justified. The delusion should be such that, had the facts existed as the defendant believed, they would have constituted a justification for the defendant’s behavior. Finally, the defendant’s actions must be reasonable in light of the delusion from the viewpoint of a reasonable person. If these facts are shown to have been present, the defendant may mitigate the charges, possibly leading to reduced charges or sentencing.
Remember, this is one example of how a mental condition might be used to mitigate criminal charges. Your specific form of emotional duress and the crime charged in your case may or may not fit this description. If you believe you acted under serious emotional duress, explain the situation to your attorney so they can use that information to mount the strongest defense possible.
Examples of Emotional Duress in Criminal Cases in Utah
What exactly is emotional duress? This is a somewhat subjective concept, but the law has described certain examples of duress or situations that may involve emotional duress. For example, under the statute regarding special mitigation for homicide offenses discussed above, the law explains what emotional duress might mean. It may include overwhelming grief, shock, or anger, rendering the defendant incapable of restraint or reflection before acting. The law goes on to explain that emotional duress should not be the result of the defendant’s own actions.
For example, if a person walks in on their spouse being assaulted by an intruder, they might be so shocked and upset that they lunge at the intruder and severely bludgeon them. However, suppose the intruder was not an intruder but the spouse’s sibling who was visiting them and joking around by playfully pretending to fight. In that case, the defendant might argue that they were under so much emotional duress when they walked in on their spouse seemingly being hurt that they should not be held responsible for how they reacted. Whether this is enough to undermine the criminal elements needed for a conviction is up to a jury.
How to Prove the Existence of Emotional Duress in a Utah Criminal Case
Proving the existence of emotional duress is not always simple or easy. It involves convincing a jury of what was going on inside the defendant’s head at the time of the alleged offense. One method is to have the defendant evaluated by mental health professionals. They may be able to determine whether the defendant’s actions were consistent with emotional duress or if such duress is even enough to provoke their actions.
We can also use the established facts of the case to prove emotional duress. For example, if the facts of the case are such that a reasonable person would experience some form of emotional duress, the defendant might be able to argue that they lacked the necessary intent. This is not always possible but might come up in cases involving more extreme facts.
Contact Our Utah Criminal Defense Lawyers for Help Immediately
For a free review of your case, call Overson & Bugden at (801) 758-2287 and talk to our South Jordan, UT criminal defense lawyers.
