Question 1

What is the necessity defense in Florida criminal law?

Accepted Answer

The necessity defense justifies otherwise criminal conduct when the defendant acted to prevent a greater harm. In Florida, the defense requires: the defendant reasonably believed a danger or emergency existed, the danger was imminent (not a future or speculative threat), the defendant had no reasonable legal alternative, the harm avoided was greater than the harm caused by the criminal act, and the defendant did not create the emergency. Florida courts apply the defense narrowly and it is rarely successful.

Question 2

When has the necessity defense been used in Florida?

Accepted Answer

Examples: trespass cases (entering property to escape a natural disaster or to rescue someone in danger), DUI cases (driving while intoxicated to transport an injured person to the hospital when no other transportation was available), drug possession (possessing medication that was not prescribed to the defendant but was necessary to treat an immediate medical emergency). The defense is NOT available for: premeditated crimes, situations where the defendant created the emergency, and situations where legal alternatives were available.

Question 3

How does the necessity defense differ from duress in Florida?

Accepted Answer

Distinction: necessity involves a natural or environmental threat (fire, flood, medical emergency); the defendant chooses to commit a crime to avoid a greater harm from the threat. Duress involves a human threat (another person threatens the defendant with harm unless the defendant commits a crime). Both are affirmative defenses, meaning the defendant has the burden of production (raising the defense), and then the state must disprove the defense beyond a reasonable doubt.

Necessity Defense Criminal Justification

Necessity Defense in Florida Criminal Law

Requirements

Examples

vs. Duress

Related Terms

Barnes Walker Criminal Defense

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