Imagine going about your day when a police officer shows up at your door, informing you that you’ve been charged with a crime. The shock is palpable: you never thought your actions were illegal. It’s important to remember that the law is complex, and it’s not realistic for the average citizen to be aware of all of the thousands of local, state, and federal criminal statutes.
You may wonder how you could be convicted and sentenced when you didn’t realize you had committed a crime. Unfortunately, in most cases, ignorance of the law isn’t a valid legal defense for criminal charges.
Mistake of Law Usually Isn’t Enough to Beat Criminal Charges
Generally, claiming you didn’t know an act was illegal isn’t a defense to criminal charges. For most state and federal crimes, prosecutors don’t need to prove the defendant knew their actions were unlawful. Not understanding an action is considered a crime, which is called a “mistake of law.:” In some cases, being unaware you committed a crime could mean that the prosecutor can’t prove a crucial element of the crime – intent.
Suppose you’ve been charged with assault or theft. If you were unaware of what was happening, you may be able to use lack of intent as a persuasive defense. Although claiming you didn’t know something you did was a crime isn’t a great defense in court in most cases, you may be able to plead your ignorance during sentencing if you’re convicted. The judge may give you a more lenient sentence if they believe you sincerely weren’t aware you were committing a crime.
A Mistake of Fact Could Provide a Legitimate Legal Defense
Factual mistakes are more likely to provide a legitimate defense than legal ones. Suppose a person has been charged with statutory rape. They may claim they didn’t know their sexual partner wasn’t old enough to consent to the sexual act in question. In this situation, the defendant isn’t arguing that they didn’t know having sex with a minor is illegal. They are claiming a mistake of fact, or that they didn’t know their partner’s age at the time, or that their partner lied about their age. Although mistake of fact can be an available defense to some types of criminal charges, it usually isn’t enough to avoid charges for statutory rape.
Another example of a mistake of fact defense would be a person accidentally entering a car that isn’t theirs but looks similar to their car. If a person starts the vehicle and drives out of the parking lot, they have stolen another person’s vehicle. Prosecutors likely wouldn’t be able to prove the defendant intended to steal a car when they weren’t aware they were stealing it. Similarly, if a person unknowingly uses counterfeit money, thinking it’s real, they could claim a mistake of fact defense.
Contact a Criminal Defense Attorney in North Carolina
If you’ve been charged with a crime for something you didn’t know was illegal, it’s crucial to have an experienced defense attorney on your side. A criminal defense attorney will work with you to understand the details of your case and provide you with a compelling legal defense. They will review the facts of your case, advise you on your legal options, and represent you in court if necessary.
You may be unable to defend yourself by claiming you weren’t aware you had committed a crime. Our skilled legal team will find other strategic legal defenses and pursue the best outcome possible. Contact Greene Wilson Crow & Smith to schedule a case evaluation.