How Can I Prove I Acted Under Duress in My Texas Criminal Case?

 Posted on March 05, 2025 in Criminal Defense

When facing criminal charges, people often try to claim they are innocent and did not do what they are accused of doing. However, sometimes, defendants admit that they committed the actions in question but do not deserve to be penalized. Since intent is a major component of a criminal conviction, if you committed a crime against your will, this could be grounds for getting charges dismissed or reduced. 

Duress can be a defense if you did something illegal under threat of harm. Proving duress can be challenging, and you need to demonstrate that you had no reasonable alternative but to commit the crime because of an immediate threat of serious injury or death to yourself or a loved one. If this is relevant to your case, speak with a qualified Texas criminal defense lawyer to understand your options.

Key Elements of Duress

To successfully claim duress as a defense, you need to demonstrate several things:

• There was an immediate threat: You need to explain that you were threatened with serious bodily harm or death if you did not commit the crime. You need to convince the court that this threat was imminent and unavoidable when you did what you are accused of doing.

• You had a well-founded fear: You need to show that you genuinely believed the threat was real and that harm would occur if you did not comply.

• There was no reasonable way to escape: You need to demonstrate that you had no other recourse for avoiding harm except by committing the crime.

• There was proportionality in your actions: The crime you committed because of the threat must have been proportionate to the level of the threat. A minor threat does not justify committing a serious felony.

How Can You Prove Duress?

Anyone can claim that they were threatened into doing something they could face serious consequences for. In Texas, you need to provide significant evidence for this defense strategy to work.

Common types of evidence used to prove duress include witness testimony, medical or psychological records, correspondence and communication records, and surveillance footage. A reliable lawyer can review your case and advise you on your best chances of proving your claims.

Contact a Marble Falls, TX Criminal Defense Lawyer

If you did something illegal only because you were threatened into doing it, a seasoned Llano, TX criminal defense attorney can help you navigate a duress defense. When we handle cases like these, we are compassionate with our clients but aggressive in the court to ensure that justice is truly served without unfairly punishing a defendant who is actually a victim. Call Law Office of Russ Alan Baker, PLLC at 325-216-2006 so we can discuss your case and work on a strong defense to protect your rights.