CAN FOLLOWING MILITARY ORDERS BE A DEFENSE TO A CRIMINAL CHARGE IN MISSOURI?

A person accused of a crime in Missouri may believe he or she should not be punished because the conduct happened while following orders.

In civilian criminal court, however, the answer is rarely simple. Missouri does not treat “I was just following orders” as an automatic defense. The question is whether the conduct was legally required or authorized by law, court order, public duty, military service, or another recognized source of legal authority.

A “military orders” defense in Missouri may be relevant in narrow situations, but it must be handled carefully. If you are a service member, public employee, security officer, contractor, or private citizen accused of a crime after obeying an order or direction, an experienced Missouri criminal defense lawyer can determine whether Missouri’s justification laws apply.

Call KC Defense Counsel today. Let us begin building your defense.

WHAT DOES “FOLLOWING ORDERS” MEAN IN A MISSOURI CRIMINAL CASE?

In ordinary language, following orders means doing what a superior, commander, supervisor, officer, or person in authority told you to do. In criminal law, that explanation is not enough by itself. Missouri courts are concerned with whether the order had legal authority behind it and whether the accused reasonably relied on that authority.

The law draws a sharp line between a lawful order and an unlawful command.

A person may be justified in conduct that would otherwise be a crime when the conduct is required or authorized by a statute, legal process, court order, or certain public duties. But a private boss, friend, gang leader, coworker, or even someone with social authority cannot simply order another person to commit a crime and create a complete defense.

HOW DOES MISSOURI LAW HANDLE MILITARY ORDERS?

Missouri does not appear to have a separate statute titled “military orders” in the general principles of criminal liability. Instead, Missouri addresses this issue through its broader defense of execution of public duty.

Under Missouri law, conduct that would otherwise be an offense may be justified and not criminal when it is required or authorized by a statutory provision or judicial decree, unless another law provides otherwise. The statute specifically includes laws governing the military services and the conduct of war among the kinds of legal authority that may justify conduct.

This matters because the law recognizes that people serving in military or public-duty roles may sometimes be legally required to act in ways civilians normally cannot. However, the existence of a command structure does not erase criminal responsibility. The defense depends on legality, authority, reasonableness, and the facts surrounding the alleged offense.

When you are facing criminal charges in Missouri, the lawyer you choose matters. Call KC Defense Counsel today to schedule a free and confidential case evaluation with one of our trusted Kansas City criminal defense lawyers.

IS FOLLOWING AN UNLAWFUL ORDER A DEFENSE?

No person should assume that following an unlawful order automatically protects them from a Missouri criminal charge. A military or official order may help explain why conduct occurred, but it is not a shield for conduct the accused knew was illegal or had no reasonable basis to believe was lawful.

In the state of Missouri, lawful authority may justify conduct; clearly unlawful conduct is much harder to defend. If an order directs someone to assault an innocent person, falsify records, steal property, conceal evidence, threaten a witness, unlawfully possess contraband, or commit another obvious crime, “I was told to do it” may not be enough.

That does not mean the facts are irrelevant.

A trusted Missouri defense lawyer may still examine pressure, confusion, lack of training, emergency circumstances, chain of command, unclear instructions, or whether the accused misunderstood what was being ordered. But the defense must be grounded in Missouri law, not just obedience.

WHAT DOES EXECUTION OF PUBLIC DUTY MEAN?

The execution of public duty defense in Missouri applies when conduct is required or authorized by law or by certain official legal directions. Missouri lists several examples of legal authority, including laws defining the duties and functions of public servants, laws requiring private persons to assist public servants, laws governing legal process, laws governing military services and the conduct of war, and court judgments and orders.

This defense may arise when a person reasonably believes conduct is required or authorized by the judgment or directions of a competent court or tribunal, or when assisting a public servant in the performance of official duties. Missouri also recognizes that this belief may sometimes apply even if there was a defect in legal process or the public servant exceeded legal authority.

Those rules are narrow and fact-specific. They do not authorize unnecessary force, criminal abuse of power, or conduct inconsistent with Missouri’s use-of-force laws or other statutes.

If you have been charged with a crime in Missouri, time matters, don’t wait — contact KC Defense Counsel today to schedule a free and confidential case evaluation. We can explain your options and build the best strategic and defensive strategy for your specific case.

WHAT TYPES OF CASES MAY INVOLVE ORDERS OR PUBLIC DUTY?

A following orders defense in Missouri may come up in several kinds of criminal cases. These cases often involve people acting under some form of official authority or command.

• Military personnel accused of conduct connected to service obligations.
• Public employees or officials accused of acting under statutory authority.
• Private citizens directed to assist law enforcement or another public servant.
• Security personnel, contractors, or employees acting under written procedures or official instructions.
• People accused of using force while carrying out a claimed legal duty.

The key question is not whether the accused had a title, uniform, job duty, or superior. The key question is whether Missouri law recognizes the conduct as required or authorized, and whether the accused reasonably believed that authority applied.

IS THIS DEFENSE AVAILABLE TO CIVILIANS?

Yes, in limited situations. Missouri’s execution of public duty statute is not limited only to military personnel. It may also apply to private persons assisting public servants when the person reasonably believes the conduct is required or authorized to assist that public servant in performing official duties.

For example, if a private citizen is lawfully directed to assist an officer, the person may have legal protection for reasonable conduct within the scope of that assistance. But this protection is not unlimited. A person cannot use a vague request, unofficial suggestion, or personal relationship with an officer as permission to commit a separate crime.

HOW IS THIS DIFFERENT FROM DURESS?

A military orders defense or public duty defense is different from duress. Duress involves being coerced by the use or threatened imminent use of unlawful physical force. The argument is that the defendant committed the act because a threat was so serious that a person of reasonable firmness could not resist.

Following orders focuses on legal authorization. Duress focuses on unlawful coercion. A case may involve both pressure and an alleged order, but the defenses are legally different and must be analyzed separately.

Criminal charges in Missouri can carry serious consequences. Call KC Defense Counsel today to schedule your free and confidential case evaluation with a skilled Missouri criminal defense lawyer who can help you understand your options.

WHAT ARE THE PENALTIES IF THE DEFENSE DOES NOT APPLY?

There is no separate Missouri crime called “following military orders.” There is also no separate punishment for raising a public-duty defense. If the defense succeeds, the conduct may be considered justified and not criminal. If the defense fails, punishment depends on the underlying charge.

A class A misdemeanor can carry up to one year in jail. A class B misdemeanor can carry up to six months in jail.

A class C misdemeanor can carry up to fifteen days in jail. Felony penalties are more serious.

A class E felony can carry up to four years in prison, a class D felony up to seven years, a class C felony three to ten years, a class B felony five to fifteen years, and a class A felony ten to thirty years or life imprisonment.

HOW CAN A MISSOURI CRIMINAL DEFENSE LAWYER HELP?

The right Kansas City criminal defense attorney can review the source of the order, the person who gave it, the accused person’s role, the wording of the instruction, the surrounding emergency, and whether the conduct was legally authorized. The defense may require military records, policies, body camera footage, dispatch records, court orders, agency manuals, training materials, witness statements, and expert testimony.

A lawyer may argue that the accused reasonably believed the conduct was authorized, lacked criminal intent, acted under official direction, misunderstood a legally complex order, or did not commit the charged conduct at all.

CONTACT AN EXPERIENCED MISSOURI CRIMINAL DEFENSE LAWYER

A person should never assume that “following orders” automatically ends a criminal case. Missouri law recognizes that some conduct may be justified when required or authorized by law, court order, public duty, military service, or assistance to a public servant. But the defense is narrow, evidence-driven, and limited by other criminal statutes and use-of-force rules. Prosecutors may argue that the order was unlawful, that the accused misunderstood the instruction, or that no reasonable person would have believed the conduct was authorized.

If you have been arrested or charged with a crime in Kansas City or anywhere in Missouri after following an order, direction, command, or official instruction, contact KC Defense Counsel today. Schedule a free and confidential case evaluation with an experienced Missouri criminal defense lawyer. A trusted Kansas City criminal defense attorney can review whether a public duty defense in Missouri, military orders defense, or another justification may apply and fight to protect your rights before one misunderstood order becomes a permanent criminal conviction.

A charge isn’t a conviction but it can become one fast if you don’t respond the right way. If you’re looking for an affordable Missouri criminal defense lawyer, KC Defense Counsel is prepared to challenge the evidence, protect your constitutional rights, and pursue the best possible outcome under Missouri law.

DON’T WAIT UNTIL IT’S TOO LATE. CALL KC DEFENSE COUNSEL TODAY

A trusted Kansas City criminal defense attorney doesn’t just “show up” to court; they investigate, demand discovery, file motions, negotiate aggressively, and prepare for trial when that’s what it takes.

An affordable defense is one that prevents long-term damage, employment problems, housing denials, professional licensing issues, and the stigma of a criminal record.

Don’t accept a plea deal without understanding the consequences. Don’t talk to the police without counsel.

Contact KC Defense Counsel today for a confidential consultation with a trusted Kansas City criminal defense attorney and an experienced Missouri criminal defense lawyer ready to fight for your future.

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Contact our experienced Kansas City criminal defense lawyers near me in Missouri and let us help begin building your defense. Let us help.

Disclaimer: This page is for informational purposes only and does not create an attorney-client relationship. Always consult qualified counsel regarding your unique situation.