Criminal Defense North Texas
Imagine being forced to break the law because someone is holding a weapon to your head, or threatening your family. In the eyes of the law, are you still a criminal?
Under the Texas Penal Code, Section 8.05, the answer is often “no.” This is known as the Affirmative Defense of Duress. Unlike many other legal arguments, duress acknowledges that while you committed the act, you did so because you were robbed of your free will.
At Beltz Law Group, we believe that no one should be punished for a choice they were forced to make. Here is how Texas law breaks down the defense of duress.
Felony vs. Misdemeanor: The Standard of “Force”
Texas law applies different standards of duress depending on the severity of the crime you are accused of committing.
1. Felony Charges (Sec. 8.05a)
If you are charged with a felony, the bar for duress is high. You must prove you were compelled to act by a threat of imminent death or serious bodily injury to yourself or someone else. A vague threat of “trouble” or a threat to be carried out next week is usually insufficient; the danger must be immediate.
2. Non-Felony Charges (Sec. 8.05b)
For misdemeanors, the law is slightly more lenient. You may claim duress if you were compelled by force or the threat of force. This doesn’t necessarily require a threat of death, but it still requires a level of coercion that would break a person’s will.
The “Reasonable Person” Test (Sec. 8.05c)
Criminal Defense North Texas
Texas law doesn’t just take your word for it that you felt pressured. Under Section 8.05(c), the court applies an objective standard: Compulsion only exists if the force or threat would render a “person of reasonable firmness” incapable of resisting.
In other words, the jury will ask: Would an average, sturdy person have given in under these same circumstances?
When Duress is Off the Table (Sec. 8.05d & e)
The law is designed to protect victims of coercion, not people who look for trouble. There are two major exceptions where a duress defense will fail:
- Voluntary Involvement: If you “intentionally, knowingly, or recklessly” placed yourself in a situation where it was likely you’d be threatened, you cannot claim duress. For example, if you join a violent gang and are then forced to commit a robbery at gunpoint, the law may argue that you put yourself in that position.
- Spousal Command: Long gone are the days when “my spouse told me to do it” was a valid excuse. Under Section 8.05(e), simply acting on the command or persuasion of a spouse is not a defense unless the standard level of life-threatening compulsion is also present.
Proving Duress in a Texas Court
Because duress is an affirmative defense, the “burden of production” shifts. While the prosecution must prove you committed the act, you (and your legal team) must provide enough evidence to show that duress was the reason behind it. If successful, this can lead to a complete acquittal.
At Beltz Law Group, we understand that life is rarely black and white. If you were forced to commit a crime under the shadow of a threat, you deserve a defense that tells the whole story.
