When Can the Entrapment Defense Be Used in a Criminal Case?

When Can the Entrapment Defense Be Used in a Criminal Case?

There is no “one size fits all” approach to criminal defense. Attorneys will need to carefully review the details of a client’s case before determining the appropriate defense strategy to use. In some cases, it may be appropriate to use the entrapment defense to fight criminal charges.

What is the Entrapment Defense?

Entrapment occurs when an individual commits a crime because he was induced into doing so by law enforcement. The defense attorney will use this strategy to prove that his client should not be convicted of a crime that he would otherwise not have committed if law enforcement were not involved.

When Can Entrapment Be Used?

There are several elements that must be proven in order to successfully use the entrapment defense. First, the defendant must show that either a law enforcement officer or someone acting under the direction of a law enforcement officer was involved. This defense cannot be used if someone with no connection to law enforcement pushed you to commit a crime.

Then, the defendant must prove that he would not have committed the crime if this individual did not induce him to do so. Most entrapment defenses allege that law enforcement used threats, harassment, or fraud to get the defendant to commit a crime. For example, let’s say an undercover police officer said that he would hurt the defendant’s family if the defendant did not rob a convenient store. In this case, the defendant’s decision to commit a crime was based solely on threats of violence. If the undercover law enforcement agent was not involved, the defendant would not have committed the crime, which means he was entrapped.

The Difference Between Entrapment and Opportunity

It’s important for defendants to understand the differences between an opportunity and entrapment. The entrapment defense cannot be used when law enforcement simply offered the defendant an opportunity to commit a crime. For example, if an undercover officer asks if he can buy drugs from you and you sell them to him, this is not entrapment. The officer posing as a customer is giving you an opportunity to commit a crime by selling drugs, but he is not entrapping you. If he forces you to find and sell him drugs by harassing or threatening you, this is entrapment.

If you have been forced to commit a crime, let the criminal defense attorneys at Reisch Law Firm help. Our criminal defense attorneys will immediately begin gathering evidence that can be used to prove entrapment. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

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