Necessity Defense Brief

Implementing a Defense of Duress or Necessity

Reasonable vs Unreasonable Belief in Threat

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