Can Entrapment Work as a Defense?

On Behalf of Stanton D. Levenson, P.A. Law Offices

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May 11, 2021

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Firm News

When facing criminal charges, it helps to understand that you may have options for mounting a defense. Entrapment may very well prove to benefit your case.

When an officer or someone acting at the behest of law enforcement encourages you to commit a crime, entrapment is a viable defense. Discover more about how this defense works in Pennsylvania criminal courts.

Evidence of entrapment

Entrapment is not always an effective defense. The court will want evidence that law enforcement baited you to do something illegal. Typically, this entails showing that you would not have committed the crime if it was not for the officer’s encouragement. You may need to show that the person convinced you that the action was legal or that you felt that the crime was necessary to alleviate a threat.

Participation in the illegal action

When it comes to mounting an entrapment defense, you must have convincing evidence that the police misled you into committing the crime. One of the things that makes an entrapment defense difficult is that the police try to show that you were already engaging in illegal behavior or on the path to doing so. However, if they provided promises that you would not get caught and this led you to commit the crime, it may fall into entrapment territory.

If you face jail time after a criminal charge, you should want to use every defense at your disposal. When the police become overzealous in an undercover investigation, they may push people into doing things they would not normally do. When this scenario applies to you, using entrapment as a defense may help you regain your freedom.