> home

> read this page first

> mistakes

> the dwi process

> successful arguments

> faqs

> what to do?

> protect your license

NECESSITY DEFENSE

N.C.P.I 310.10, Compulsion, Duress, or Coercion

There is evidence in this case tending to show that the defendant acted only because of [compulsion] [duress] [coercion]. The burden of proving [compulsion] [duress] [coercion] is upon the defendant.  It need not be proved beyond a reasonable doubt, but only to your satisfaction. The defendant would not be guilty of this crime if his actions were caused by a reasonable fear that he (or another) would suffer immediate death or serious bodily injury if he did not commit the crime. His assertion of [compulsion] [duress] [coercion] is a denial that he committed any crime. The burden remains on the State to prove the defendant's guilt beyond a reasonable doubt.

State v. Sheridan, 234 N.C. 30 (1951)

State v. Gainey, 84 N.C. App. 107

State v. Brown 109 N.C. 802

> Marcus Hill, Bailey J. Farrin & staff

> forms

Free Legal Questions