NJ Duress & Consent Defense

Duress & Consent Defenses in New Jersey

When facing criminal charges, defendants may raise certain affirmative defenses to avoid liability. Two potential defenses in New Jersey are duress and consent.

This article examines key issues related to asserting duress and consent defenses in New Jersey. We’ll cover the legal standards, burdens of proof, how they apply to different charges, and examples of successful claims. Understanding these complex affirmative defenses is crucial for defendants.

Overview of Affirmative Defenses

Unlike denial or alibi defenses which negate guilt outright, affirmative defenses like duress and consent^[1]:

• Admit the defendant committed the act
• Argue there are facts that excuse the conduct
• Seek to avoid liability despite the unlawful act

When applicable, affirmative defenses can provide complete protection from conviction.

Requirements for a Duress Defense

To claim duress in New Jersey, a defendant must prove^[2]:

1. They were under an immediate threat of death or serious bodily harm
2. There was no reasonable opportunity to escape the threat
3. They did not recklessly place themselves in the coercive situation
4. They did not commit an offense like murder or manslaughter

All four factors must be met for a successful duress defense.

Requirements for a Consent Defense

A valid consent defense requires showing^[3]:

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• The “victim” affirmatively consented to the defendant’s conduct
• Consent was given voluntarily, knowingly, and competently
• The consenting individual had the legal capacity to authorize the act

Consent must encompass the specific conduct at issue and its circumstances.

Burden of Proof for Affirmative Defenses

For duress, consent, and other affirmative defenses, the burden is on the defendant to prove the defense by a preponderance of evidence^[4]. This means proving it was more likely than not that the defense applied to their conduct.

Duress Defense Examples

Potential examples where duress could apply include^[5]:

• Committing a crime when a gun is held to your head
• Serving as a drug mule due to credible threats of violence from a cartel
• Fleeing the scene of an accident due to assault by other drivers
• Violating a restraining order due to stalking and intimidation

The imminent threat negates criminal liability in these situations.

Consent Defense Examples

Scenarios where consent may provide a defense include^[6]:

• Participating in a contact sport where injuries are a known risk
• Engaging in risky recreational activities like skydiving
• Undergoing elective medical procedures like cosmetic surgery
• Taking property with the owner’s permission

Consent to the conduct at issue eliminates any criminal liability.

Using Duress or Consent Against Specific Charges

Duress and consent can potentially apply to charges like:

• Theft – Taking property under duress or with consent
• Assault – Committing assault due to duress or participating in consensual fighting
• Sex crimes – Engaging in sexual activity under duress or with consent
• Drug crimes – Possessing or distributing drugs under duress or with consent

The relevance depends on the specific circumstances of each case.

Limits on Duress and Consent Defenses

There are statutory limits on raising duress or consent, such as:

• No duress defense allowed for murder charges
• Consent not a defense to unlawful possession of weapons, drugs, etc.
• Duress generally requires imminent threat of bodily harm
• Consent requires legal capacity and voluntariness

An attorney can advise on the viability of these defenses for a particular charge.

Consulting an Attorney on These Defenses

Successfully asserting duress or consent requires understanding their complex applications under New Jersey criminal law. An experienced defense lawyer is critical for evaluating the facts and building an effective legal strategy.

Don’t leave your defense to chance. An attorney can advise if claiming duress or consent is appropriate and work to secure the best possible outcome in your case.

¹
https://www.law.cornell.edu/wex/affirmative_defense

²
https://www.lslawyers.com/duress.html

³
https://www.johntumeltycriminaldefense.com/blog/but-it-was-self-defense/

⁴
https://www.justia.com/criminal/defenses/burden-of-proof/

⁵
https://www.criminaldefenselawyer.com/resources/can-i-be-convicted-of-a-crime-i-didnt-commit-because-i-was-for

⁶
https://www.nolo.com/legal-encyclopedia/consent-defense-criminal-charges-new-jersey.html
https://www.lslawyers.com/duress.html
https://www.lslawyers.com/duress.html