Duress is a defense, not a charge. It applies when another person forced you to commit a crime by threatening you with death or serious bodily injury, right then and there, with no reasonable way out. Massachusetts law treats free will as essential to a crime, so a person who acted under real duress cannot be found guilty. The rules for this defense come from the District Court model jury instruction on duress, Instruction 9.230.
At a Glance: The Duress Defense
Immediate threat
of death or serious bodily injury, present throughout the crime
Burden shifts
once there is evidence of duress, the Commonwealth must disprove it beyond a reasonable doubt
Not for volunteers
unavailable if you joined a criminal venture or recklessly put yourself where coercion was likely
If it succeeds
not guilty
The source: Massachusetts District Court Model Jury Instruction 9.230 (Duress, revised May 2017)
What Duress Means
Duress is a form of coercion. Under Instruction 9.230, a person may not be found guilty of an act committed under duress, because the law holds that free will is essential to a criminal act. The defense is about pressure from another human being. When circumstances rather than people force someone’s hand, the related defense is necessity, which has its own instruction and its own elements.
The Commonwealth’s Burden
If there is evidence of duress, the jury may not find the defendant guilty unless the Commonwealth proves two things beyond a reasonable doubt: that the defendant committed the offense, and that the defendant did not act under duress.
To prove the defendant did not act under duress, the Commonwealth must prove at least one of these three things beyond a reasonable doubt:
No present and immediate threat. The defendant did not receive a present and immediate threat that caused a well-founded fear of imminent death or serious bodily injury if the defendant did not commit the act. The threat must be imminent and must be present throughout the crime.
A chance to escape. The defendant had a reasonable opportunity to escape.
A real choice. The defendant, or any other person of reasonable firmness, had a choice and could have done otherwise in the circumstances.
If the Commonwealth cannot prove any of the three, the jury must find the defendant not guilty.
The Threat Has to Be Immediate
The heart of duress is immediacy. The threat must be of death or serious bodily injury, the fear must be well-founded, and the threat must hang over the defendant for the whole time the crime is being committed. A threat that has passed, or one the defendant could have avoided by getting away, will not support the defense.
When Duress Is Not Available
Instruction 9.230 sets two limits that apply when the evidence raises them. The defense is not available to a person who:
voluntarily joined a criminal enterprise and willingly placed themselves in a situation where coercion was likely; or
recklessly placed themselves in a situation where it was likely that coercion would be applied.
Evidence of an Abusive Relationship
The notes to Instruction 9.230 quote a Massachusetts statute that applies when duress is at issue. A defendant may introduce evidence that they are or have been the victim of physical, sexual, or psychological abuse, and expert testimony about the common patterns in abusive relationships and the nature and effects of abuse. That evidence can bear on whether the defendant’s fear of imminent death or serious injury was reasonable, whether they reasonably believed they had used all available means to avoid physical combat, and how much force they reasonably believed was needed.
Duress vs. Necessity
Duress applies when a person forces you to act. Necessity applies when circumstances force you to act. Necessity is covered by a separate instruction, 9.240, which asks different questions, such as whether there was a clear and imminent danger and whether an effective legal alternative existed.
Why a Lawyer Matters
Duress cases turn on details: exactly what was threatened, when, by whom, and whether there was any real way out. Building that record, and when it applies, presenting evidence of abuse in a way a jury understands, takes preparation. I have defended criminal cases for 23 years. If you were charged with a crime you committed only because someone threatened you, contact my office or call 781-393-5900.
Related Topics
Entrapment: a different defense, where the pressure to commit the crime came from law enforcement.
Self-defense: when force used to protect yourself is not a crime.
Criminal intent: the mental state the Commonwealth must prove for most crimes.
Threats (G.L. c. 275, § 2): the crime of threatening to commit a crime against a person or property.
This information is for general educational purposes only and not legal advice. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
