White collar crimes are typically nonviolent. These offenses involve fraudulent acts that center around financial gain, often without physical harm or death.
Nevertheless, the potential penalties for such crimes are just as heavy as violent crimes, including incarceration, hefty fines and other punishments.
In some cases, however, white collar offenses do involve violence—and that violence may be directed toward the perpetrator themselves.
What is duress?
Duress is a legal term to describe a situation where someone is forced to commit a crime due to threats of immediate physical harm or death to themselves or others.
In most cases, the threat is strong enough that the person commits a crime they would otherwise never do.
For example, if someone threatens you to transfer company funds or they will harm your family, you can argue that you only committed the act because you were under duress.
Is duress a possible defense to white collar offenses?
Yes, duress can be a potential defense to white collar crimes, such as:
- Embezzlement
- Money laundering
- Fraud
- Bribery
- Tax evasion
- Corporate espionage
However, it is often more challenging to prove duress in white collar crime cases compared to other types of crimes. This is because the threat of immediate physical harm is typically less apparent.
How can you prove duress?
As a defendant, you will bear the burden of proving duress as an affirmative defense. There are several elements you must prove to use this defense, including but not limited to:
- There was an immediate threat of death or serious bodily harm to yourself or others
- You had reasonable fear that the person would carry out the threat
- You had no reasonable opportunity to escape or notify the authorities
The judge or jury will assess your evidence to determine whether the defense is valid, and it is not uncommon for courts to poke holes. For example, the court may argue that you could have simply left the situation because the threat was not strong enough.
That said, it is crucial to have a skilled criminal defense attorney by your side. They can help gather evidence to support your defense and show the court that you had no choice but to commit the act.
Duress is a somewhat rare defense and often difficult to prove. Nevertheless, sufficient evidence, thorough preparation and a good understanding of your legal options can help increase your chances of a favorable outcome.
