California, United States of America
The following excerpt is from People v. Rao, B228038 (Cal. App. 2011):
1. Because these crimes were charged as felonies, as was the stalking count, the parties agree that we have jurisdiction to hear this appeal. (People v. Nickerson (2005) 128 Cal.App.4th 33, 37.)
2. "A defendant raising the defense of necessity has the burden of proving that he violated the law '(1) to prevent a significant evil, (2) with no adequate alternative, (3) without creating a greater danger than the one avoided, (4) with a good faith belief in the necessity, (5) with such belief being objectively reasonable, and (6) under circumstances in which he did not substantially contribute to the emergency.' [Citation.]" (People v. Miceli (2002) 104 Cal.App.4th 256, 267.)
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