Common Attorney Defenses: Necessity

•To show that you can use the defense of Necessity, you must show that: you committed a crime;
1. In an emergency, and
2. In order to prevent “significant bodily harm or evil” to either yourself or someone else.
•This permits a person to act in a criminal manner when an emergency situation, not of the person's own creation compels the person to act in a criminal manner to avoid greater harm from occurring.
•For example: 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, you were preventing a greater harm from occurring.

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