Is criminal coercion a viable defense to a simple burglary charge in LA? I am a witness to the threats both to me & the accused.

Although your story makes little sense in this condensed form, be assured that the police will make no sense of it and only use it to further incriminate you and your bf. Answer no questions and seek out a competent criminal lawyer.

I agree with my colleague that neither you nor your fiance should speak to the police without the help of a qualified criminal defense lawyer. You may well say something that could incriminate either one of you -- your fiancee as a principal in the alleged crime and you as a potential accomplice or conspirator. That said, a good lawyer could work with the police and district attorney to try to resolve this matter before it goes any further. As for your specific question, whether "criminal coercion" can a viable defense to a burglary charge, allow me to say that most crimes, including burglary, require a criminal intent -- or mens rea. If a person's act in involuntary or coerced, this could negate that element of the crime.

In California the affirmative defense of 'coercion' is rarely available. If used, when the threat of imminent danger or death has passed it must be immediately reported to the authorities. This defense is often confused with the defense of ''duress'. You may not commit a crime of greater gravity than that which is threatened. If you or your boy friend did not follow the law as it relates to this defense, it is nearly impossible to claim later. It is difficult to imagine any circumstance that would make it a good idea for you to have further contact with law enforcment. I suggest you immediately retain competent counsel to discuss this matter.