Can Peer Pressure Be Used as a Legal Defense?

Peer pressure can be a powerful force, influencing both the young and old to change their behavior. However, peer pressure is a major problem among adolescents and young adults. Peer pressure can lead to bad decisions that can have different levels of consequences. One of the bad decisions that people make due to peer pressure is committing a crime. If a person is pressured into committing a crime, they may wonder if they can be charged. In this article, we explore the nuances of such situations. Whether you have found yourself in a situation where you’ve been pressured to commit a crime or are just seeking knowledge, you will find helpful information here.

Peer Pressure and Criminal Behavior

Peer pressure is the influence exerted by peers that encourage people to change their actions. Peer pressure can be both negative and positive. Adolescents and young adults are particularly susceptible to peer pressure. If their peers are engaging in criminal activity, they may feel pressured to engage in similar behavior. Also, some peers force others to engage in criminal activity. For example, someone might force a friend to steal or sell drugs. The desire to fit in, be accepted, or be approved can cloud judgment and lead a person to participate in criminal activity they otherwise wouldn’t.

Can Peer Pressure Be Used as a Legal Defense?

If a person commits a crime due to peer pressure, the consequences can be serious. Criminal law typically does not consider peer pressure a valid defense, so if a person commits a crime due to peer pressure, they can be charged with the crime. If convicted, they could face several consequences, including jail time, fines, probation, and many others. However, there are situations when it is possible to invoke a pressure defense successfully.

To invoke the pressure defense successfully, the situation must have involved more than just simple influence. In other words, to invoke the pressure defense, the actions of your peers must have risen to the point where you were not making the decision for yourself. Suppose you faced an immediate severe threat of harm that overrode your ability to make rational decisions, leaving you with no reasonable alternative but to comply. In such a case, you can raise the pressure defense. For instance, if a friend threatened you with a gun, forcing you to steal, the pressure defense may be applicable.

If someone pressures another person to commit a crime, their role in orchestrating the crime makes them legally responsible, even if they did not directly commit the crime. They could be charged with coercion, aiding, conspiracy, or abetting. On the other hand, people who give in to pressure may also face criminal charges. However, the pressure defense can help mitigate or even negate liability. Usually, when considering such a defense, courts consider the level of coercion or duress and the immediacy of the threat. The level of coercion or duress and the immediacy of the threat can determine whether you face reduced or no charges.

Contact an NYC Criminal Attorney

If you have questions or need legal representation, do not hesitate to contact our skilled NYC criminal attorney at Mark I. Cohen, Esq.