Compulsion under this section exists only if the force, threat, or circumstances are such as would render a person of reasonable firmness incapable of resisting the pressure.”Ĭlearly, the defense of duress is only available in extremely limited circumstances. With respect to offenses other than felonies, it is a defense that the person who engaged in the prohibited conduct was compelled to do so by force or threat of force. “It is a defense that the person who engaged in the prohibited conduct was compelled to do so by imminent serious bodily injury to himself or another person. The State, then, has the burden of disproving the affirmative defense beyond a reasonable doubt. This reason, as an affirmative defense, would absolve the defendant from liability for committing the crime. The fact that the criminal act occurred is conceded, but the argument is that there was a justifiable reason why the defendant committed the act. A successful defense of duress establishes a lack of criminal culpability for otherwise criminal acts.

An affirmative defense provides a legal justification for one’s actions. In Indiana, duress is an affirmative defense defined by statute.

From time to time, we received calls asking questions about the defense of duress.

Successful duress defense cases