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.
A good example of this would be you’re at a park and see a car accident, a tire goes flying from that vehicle and is headed towards your friend, whose back is turned. You then tackle them to the ground, to avoid it hitting and possibly killing your friend. Although quite obvious a situation, it would still be considered a Battery crime to have tackled your friend, but would be Necessity, given the nature of the situation.
For more information on the defense of necessity, call Ontario Criminal Defense attorney Adam Jackson today for a free consultation and free case evaluation. Call today at 909-939-7126. Located in Ontario, CA.