Articles Posted in Handgun Offenses

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An experienced Maryland Criminal Attorney must have a thorough understanding of the defense of coercion and duress which is also called a necessity defense. I represented a defendant in the Circuit Court for Baltimore County Maryland today in which I investigated a necessity defense but ultimately concluded that such a defense was not viable under the particular facts of this case. Before going into the facts of my case today, here is a synopsis of the coercion and duress or necessity defense.

It is a defense to all crimes other than the taking of a life of an innocent person that the defendant acted under coercion or duress. The most common defense of this type is self-defense or its cousin, defense of others. It also applies to situtions where a person is coerced into committing a crime by an imminent and impending threat of death or serious bodily injury if the act is not committed. There also must not have been an opportunity to escape. If there was a legitmate opportunity to escape that is not acted upon, then the defense is not available. This is essentially the situation that I was faced with in my case and why I was unable to use the duress and coercion or necessity defense.
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Maryland Criminal Attorney – Maryland Criminal Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer – I receive questions regularly by clients regarding Maryland handgun possession restrictions by people who have been previously convicted of a crime.

Under Maryland law there are basically two classes of citizens who are disqualified from owning or possessing handguns and subject to criminal penalties if they are convicted of being in possession of a firearm that is classified as a handgun. The first classification deals with person’s who have been convicted of either of a crime of violence or a felony drug charge. The following offenses are classified as crimes of violence in Maryland: Abduction, Arson in the First Degree, Assault in the First of Second Degree, Burglary in the First, Second or Third Degree, Carjacking and Armed Carjacking, Escape in the First Degree, Kidnapping, Voluntary Manslaughter, Murder, Rape in the First or Second Degree, Robbery, Robbery with a Dangerous Weapon, Sexual Offense in the First, Second or Third Degree, Attempts to commit any of these crimes and Assault with the Intent to Commit any of these crimes.
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