The Sanders Firm, P.C.: Renunciation Defense
The Sanders Firm, P.C. in New York City provides those who have been charged with a criminal offense representation and counsel regarding various defenses, including renunciation. As long as all criteria are met, renunciation is a viable defense in a criminal case. Renunciation involves someone who was going to take part in a crime then deciding not to do so. On this page below, we have outlined specifically how renunciation works; however, if you are considering a defense of renunciation it is important to discuss your case with a criminal lawyer. Renunciation is not an easy defense to prove.
Renunciation and How It Works
In the State of New York, two primary criteria must be met for someone to be able to claim renunciation. First, the person who was going to participate in the crime must decide to not do so before it is committed. Additionally, they must make an effort to stop the crime by informing appropriate authorities that a crime is to be committed. The renunciation must be, as the New York Penal Law notes, “voluntary and complete.”
The penal law states what negates the defense of renunciation by stating, “A renunciation is not ‘voluntary and complete’ within the meaning of this section if it is motivated in whole or in part by (a) a belief that circumstances exist which increase the probability of detection or apprehension of the defendant or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose, or (b) a decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective.”
Thus, to utilize the renunciation defense it must have been a genuine attempt to do so.
If you are considering using renunciation as a defense, it is important to contact a criminal defense lawyer. At The Sanders Firm, P.C., we can help determine if the renunciation defense is a viable one for you. We understand how to apply the criteria as outlined in the New York Penal Law. In addition to the renunciation defense, The Sanders Firm, P.C. can review other defenses with you including entrapment, duress, and mental disease or defect.
If you have been charged with a crime, contact The Sanders Firm, P.C. One of our criminal defense lawyers will discuss your case with you, collect the appropriate facts, review evidence and outline possible plans, including any defenses that might apply. At The Sanders Firm, P.C., we are dedicated to each of our clients, including making sure they get a fair trial and the best defense possible. In New York, we are your voice for justice.