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News & Events | Van Wagner & Wood | Drunk driving defense & criminal defense attorneys
Meet Attorney Chris Van Wagner virtually Attorney Christopher T Van Wagner (Chris VanWagner) named 2006 Super Criminal Defense Lawyer by Super Lawyers of America
Meet Attorney Tracey Wood virtually Attorney Tracey Wood appointed to Board of Regents National Clg of DUI Defense. Attorney Wood is Wisconsin's foremost authority on drunk driving laws, called OWI in Wisconsin & known as DWI in some states
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Necessity

Necessity is an affirmative justification defense to the crime of homicide. Necessity is where the defendant chose to commit a crime in order to avoid a greater harm.

A homicide may be justified if it is committed under government order, such as a military execution or the death penalty. Often referred to by its slang term, "choice of evils", necessity doctrine under the common law principles provides that a person may be justified in committing a homicide if by necessity that homicide is committed to save the lives of multitudes in an emergency situation.

The affirmative defense doctrine of necessity provides that the defendant acted as any reasonable person would act in the same situation and to prevent a greater evil.

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