To show that you can use the defense of Necessity, you must show that: you committed a crime;
- in an emergency, and
- in order to prevent “significant bodily harm or evil” to either yourself or someone else.
An illustrative scenario involves you being at a park witnessing a car accident. As a tire hurtles towards your friend, who is unaware with their back turned, you instinctively tackle them to the ground to prevent potential harm. While it seems straightforward, tackling your friend in this situation technically constitutes battery. However, the act is justifiable under the defense of necessity due to the imminent danger.
For more in-depth insights and valuable information regarding the necessity defense in legal matters, feel free to get in touch with the experienced Ontario Criminal Defense attorney, Adam Jackson. Schedule your complimentary consultation and detailed case assessment today by reaching out at (909) 939-7126. Adam Jackson’s legal expertise is based in Ontario, CA, ensuring dedicated and professional representation for your legal needs.