
DURESS AS A DEFENSE
WE CAN FIGHT YOUR ST. PETERSBURG CRIMINAL CHARGE
Duress is recognized as an affirmative defense in the state of Florida. In raising a duress defense, the accused admits to committing the crime charged, but asserts that he or she did so to avoid a dangerous situation or other emergency that he or she did not intentionally cause. If the jury finds that the defendant committed the charged offense because of duress, the jury must find the defendant not guilty. It should be noted that in Florida, duress is not a defense to premeditated or attempted premeditated murder. An experienced St. Petersburg area criminal defense attorney can explain the duress defense in greater detail and whether it presents a viable defense in your case.
Applicable Jury Instructions
Florida Standard Jury Instruction 3.6(k) provides as follows:
An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress. In order to find the defendant committed the ( crime charged) out of duress, you must find the following six elements:
- The defendant reasonably believed [a danger][emergency] existed which was not intentionally caused by the defendant;
- The [danger][emergency] threatened significant harm to him or herself, or to a third person;
- The threatened harm must have been real, imminent, and impending;
- The defendant had no reasonable means to avoid the [danger][emergency] except by committing the ( crime charged);
- The ( crime charged) must have been committed out of duress to avoid the [danger][emergency];
- The harm that the defendant avoided must outweigh the harm caused by committing the ( crime charged).
If the defendant has been charged with the crime of Escape, the instruction reads a bit differently, as follows:

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From the minute I spoke with Mr. Kilfin, I knew I was in the best hands for my situation. He is a complete professional; an expert in his field! His commitment to his profession is astounding. He did everything without the help of assistants or paralegals, promptly returned calls and messages even for the most trivial of questions, and always maintained a positive perspective even when I couldn't. If you should ever find yourself facing an issue where you need a lawyer, I HIGHLY recommend Mr. Kilfin. He will not let you down!- Michelle
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Swift action led to my brothers successful defense in 2and degree murder arrest, well spoken and sharp mind but also down to earth. HIGHLY RECOMMEND- Jaroy
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Never have I been in a situation where I felt so helpless, but Mr. Kilfin changed that. He was kind, caring and considerate. Three things I never expected from a lawyer. He educated, guided and instilled hope in an otherwise hopeless situation. He made himself available when others wouldn't. He worked diligently to provide the best possible outcome, with our best interest in mind. He was fair, genuine and extremely insightful. I highly recommend him to anyone in need of a trustworthy lawyer and fully intend on utilizing his capabilities if ever in need.- Happy client
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Being from other State, and facing Two Felony Charges, ( over a stupid Cell phone ) I need someone that would have my back 110 percent, and That I had total confidence in.( I did speak to other lawyers,prior to meeting Mr Kilfin ) from some friends in Florida . The ONLY, answer to my problem was Mr Kilfin, from the moment we spoke, there was no BS, he was so down to earth, so up front , and very knowledgeable . Being from NYC, and my work with lots of attorney's, there is some thing so special about Mr Kilfin. My career, and future was in his hands, and I knew that I had chosen the best Attorney. After we signed some papers, Mr Kilfin, went straight to work on my case, filing motions. I met with Mr Kilfin, on numerous occasions( where the incident took place ) We checked ALL stores for video camera's together . Mr Kilfin, was always apologizing to me !!! for the situation I was in. There was not one time, MR Kilfin, did not return my calls, or text. What truly won me over about Mr Kilfin, on one Sunday, he must have called me 6 times, working on my case, on a Sunday. ! Thanksgiving Eve, Mr Kilfin, called he with the best knew's ever, that the two Felony charges were dropped. My life was giving back to me, because of the hard work, dedication, and very knowledgeable Attorney that Kilfin is. I am forever ever great full, " Donnie " ( Mr Kilfin ) . Thank You , so much ! Your a amazing Attorney, but more important, a great human being. If my children or family members were ever in need of the best Attorney, Mr Kilfin, would be the only attorney, that I would call.- James J Mullan
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From the moment he first answered my call via his mobile phone, I knew I had chosen the right attorney for my case. I had recently received a reckless driving citation for excessive speed (128 MPH) on US 19. Donnie went to work right away after my first and only visit with him. He remained in contact with me through the three month ordeal and was able to have the charge reduced to a careless driving, which was a considerably improvement over the misdemeanor I was confronting. Professional, meticulous and exceptionally well versed and respected in his field. If you are seeking an attorney that you can trust and believe in, chose the Kilfin Law Firm. You will not be sorry; Donnie Kilfin is the real deal. Donnie, I can’t thank you enough for taking charge from start to finish. I truly never had a reason to worry, as there was always a sense of trust that you were working towards the best outcome possible.- Richard M
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"Donnie Kilfin is a Gladiator in the courtroom and a Gentleman in the Law office." End of story.- Matthew C,
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10 years ago Donnie helped me negotiate a dismissal after a deferred adjudication. Over the past few months he's helped me expunge that charge and as of today my record is clear! Donnie knows what he is doing. You want him on your side.- DB
