Totowa NJ Duress Defense Lawyer
Criminal Defense Attorney in Passaic County, New Jersey
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Jersey City, Paterson, Newark, and Hackensack, who have been charged with domestic violence related criminal offenses such as simple assault, burglary, harassment, and endangering the welfare of a child.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former assistant county prosecutor and special deputy attorney general. Now she is fighting for you.
If you were charged with a crime as the result of an incident where you were acting under duress, there may be a valid defense. You need an experienced, aggressive lawyer who is prepared to act quickly. Ms. Hascup will attack the state’s case and put you in a position to achieve the best possible result. Contact her office anytime for an initial consultation, which is always provided free of charge.
Defense of Duress in New Jersey: N.J.S.A. 2C:2-9
Defenses Duress. N.J.S.A. 2C:2-9 provides:
a. Subject to subsection b. of this section, it is an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.
b. The defense provided by this section is unavailable if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was criminally negligent in placing himself in such a situation, whenever criminal negligence suffices to establish culpability for the offense charged. In a prosecution for murder, the defense is only available to reduce the degree of the crime to manslaughter.
c. It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this section. The presumption that a woman, acting in the presence of her husband, is coerced is abolished.
Ms. Hascup fully understand the nuances of the law and the defenses that can be raised to fight certain charges. She will use her knowledge and experience to your advantage.
Contact a Totowa NJ Criminal Defense Lawyer for a Free Consultation
If you find yourself in a situation where you or a loved one have been charged with a criminal offense as a result of a domestic violence or other related incident that involved coercion, the defense of duress may be applicable. Don’t delay in hiring legal representation – protect your rights.
Contact Alissa D. Hascup today to request a free initial consultation about your case.
