Legal Question in Criminal Law in Colorado
Criminal Burglary
My sons friend would not let him out a vehicle when my son asked to get out before they committed a Burglary crime. He also was threatned with bodily harm if he did not participate in the theft. Further, this event ended thier relationship. Also, his friend before this event started using meth drugs. At that time my son feared physical violence from his friend and was trying to persuade him to stop using drugs. My son has since been arrested. Can he be gotten off the burglary charge in lite of the factual information described above. Thank You
3 Answers from Attorneys
Re: Criminal Burglary
It is possible. However, additional facts and evidence will be required; also your son's criminal history and possibly character will also be required.
If you would like this office to assist your son please contact us at:
Venkatesh Iyer
The Iyer Law Office,LLC
10170 E. Mississippi Ave
The AllCare Building
Denver, CO 80247
Re: Criminal Burglary
duress/coercion can be put forth as a defense. any evidence your son wanted out? Did he tell anyone about his unwillingness to participate?
Re: Criminal Burglary
Duress is an affirmative defense to burglary, meaning that if your son can prove he was under threat of bodily harm, and reasonably believed he really would be harmed otherwise, he can admit to participation in the crime and still be acquitted.
Questions you may consider are whether the friend will testify to this threat; who if anyone else your son told about the threat, and when he told it, and what if anything he told the police about the threat.
Even if he said nothing to the police after his arrest, though, his silence could not be used against him as evidence to rebut his claim of duress.
Good luck.
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