(212) 679-1990
The complete law is as follows:
40.00 Duress. 40.10 Renunciation. 40.15 Mental disease or defect.
1. In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or threatened force a person of reasonable firmness in his situation would have been unable to resist.
2. The defense of duress as defined in subdivision one of this section is not available when a person intentionally or recklessly places himself in a situation in which it is probable that he will be subjected to duress.
Client’s breath test was a 0.19 BAC
Client alleged to have nearly collided with police cruiser
Arrest at DWI checkpoint stop
Assault case alleging substantial injuries
Client’s cellphone searched at border related to cocaine smuggling charges
Prisoner civil rights case following sexual assault by a prison guard
Federal murder charges related to racketeering conspiracy