Does a defendant have to testify that he left presence of an armed aggressor to commit a crime under duress defense?
California, United States of America
The following excerpt is from People v. Belton, A125320 (Cal. App. 2011):
imminent harm component of the duress defense. (See People v. Heath (1989) 207 Cal.App.3d 892, 902 [defendant's testimony that he left presence of armed aggressor to commit burglary negated duress defense].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
If a criminal commits a crime in a different county than the one where the crime was committed, would that change the outcome of the criminal trial if the crime occurred in the other county? (California, United States of America)
What is the test for establishing that a defendant has committed a crime committed while an accomplice is also involved in the crime? (California, United States of America)
Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
What is the defense of a defendant in a civil case against a defendant who committed a crime by accident? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
