The necessity defense is an argument a defendant and their defense lawyer might invoke if they acted to prevent a greater harm. This defense strategy acknowledges that, while the person did commit an offense, they did so to avoid a severe threat or dangerous situation, making their actions justifiable.
For example, imagine someone who trespasses onto private property to pull a drowning child from a backyard pool. In this case, although they entered without permission, they did so to prevent serious harm, which could be a reasonable defense in court. Although it’s not often used, the necessity defense can be helpful for individuals who, in an emergency, have no choice but to act quickly to prevent a dangerous outcome.
When Can the Necessity Defense Apply?
In Pennsylvania, the necessity defense can only be used in specific circumstances. First, there must be an immediate, genuine threat that leaves the person no reasonable choice but to break the law; it can’t be a hypothetical or minor issue. For example, someone might use the necessity defense if they break into a car to rescue a child or pet trapped inside on a hot day, as the potential harm prevented, such as serious injury or death, is greater than the damage caused by breaking into the car.
Additionally, the person’s actions must be directly tied to preventing the threat and only go as far as necessary to address it. In this case, breaking the window to save the child or pet would be directly related to preventing harm, making the necessity defense more likely to stand up in court.
Limitations of the Necessity Defense
The necessity defense can be helpful, but it has limits. One main limitation is that it cannot be used if the person’s actions create a dangerous situation. For example, someone can’t claim this defense if they knowingly put themselves in a risky spot and then broke the law to escape. Courts also consider whether there were other legal options available. If someone could have avoided the situation without breaking the law, the necessity defense probably wouldn’t work. In short, this defense only applies when breaking the law, which is the only option to prevent harm.
How the Necessity Defense Is Handled in Pennsylvania Courts
In Pennsylvania, the burden of proving necessity lies with the defendant and their attorney. This means they must show evidence that their actions were justified, convincing the court that there was an immediate danger and that they acted reasonably to prevent harm. Since proving necessity can be difficult, having experienced legal support is beneficial.
Contact a Pennsylvania Defense Attorney Today
If you’re facing charges and believe your actions were necessary to prevent greater harm, you need a defense lawyer with the experience and resources to provide the support you deserve. Contact SMT Legal today to learn more about how our team will advocate for your rights and freedom. We’ll listen to your story, review the facts of your case, and determine the defense strategy most likely to result in a favorable outcome.
