How Does Entrapment Work as a Defense in a Tennessee Criminal Case?

Are you facing criminal charges after being pressured by law enforcement? Understanding how entrapment works as a defense is crucial for anyone whose criminal case was influenced by the actions of a police officer or government employee. For more information and to secure the help of an experienced legal professional, continue reading and contact a Memphis criminal defense attorney today.

What is Entrapment?

Entrapment occurs when a law enforcement agent or government official convinces or persuades an individual to commit a crime they would not have otherwise committed. The core issue is whether the criminal intent originated with the government or with the defendant. It is not entrapment if the police provide an opportunity for an already willing person to commit an offense, only if they significantly influenced the individual through threats, excessive pressure, or the promise of financial or personal gain.

Examples of conduct that might be considered entrapment include:

• A police officer repeatedly pressuring someone to sell drugs
• An undercover agent appealing to a person’s friendship or sympathy to persuade them to commit theft
• An officer promising someone in financial distress a huge payout to convince them to commit a crime

How Does Entrapment Work as a Defense in a TN Criminal Case?

When you use entrapment as a defense in your case, you are arguing that a law enforcement officer or government employee created criminal intent and pressured you into committing a crime that you otherwise wouldn’t have committed. This is an affirmative defense, meaning that in order to use it, you essentially have to admit to committing the crime. However, you are shifting the focus from what you did to the conduct of the police.

Once you raise entrapment as a defense, the burden shifts to the prosecutor. They must then prove beyond a reasonable doubt that you were predisposed to commit the crime before the police even approached you. The jury must decide whether you were already willing to commit the offense, or whether law enforcement’s influence created the criminal intent.

How Can Entrapment Be Proven?

While prosecutors must prove the defendant’s guilt beyond a reasonable doubt, the standard of proof is lesser for defendants raising entrapment as a defense. To raise entrapment in Tennessee, the defendant must present evidence that law enforcement induced or persuaded them to commit the offense. Once the defense is raised, the burden shifts to the prosecution, which must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime before law enforcement became involved.

It is crucial that you provide ample evidence to help bolster your claim, including recorded conversations and communications with the officer, undercover operation reports, evidence of refusals or hesitation on your part, and proof that law enforcement initiated or escalated involvement.

For more information and legal advice, set up your free consultation with an experienced attorney at Ballin, Ballin & Fishman, PC today.