Can You Unknowingly Commit a Crime?

The law can be complicated at times. You may wonder how state and federal law works. What is legal? What is illegal? Can you be convicted of a crime you did not even know you committed?

It may not seem fair, but yes, you can unknowingly commit a crime and be charged for it. This is because the overwhelming majority of crimes don’t require that the defendant know that their conduct is illegal.

Many crimes require that there be intent or negligence involved. For example, murder requires intent, while vehicular homicide is based on negligence.

However, certain laws are considered strict liability, meaning that even without intent or knowledge of the law, the violation is still a crime.

At the state and federal levels, there are tens of thousands of laws on the books. Should everyone know every law? No, this is not reasonable. Knowledge of the law is not required, but it is reasonable to assume that people are familiar with generally recognized wrongs, such as violence and dishonesty, as well as community standards.

Mistake of Law

Mistake of law is not a valid defense for a crime. Allowing a mistake of law as a defense for every crime would encourage people to remain ignorant of the law.

A person is guilty of a crime based on their knowing actions, not their knowledge of the particular law. In most cases, this is not controversial, as most people know that theft and driving under the influence of alcohol are illegal, for example.

People charged with crimes often argue mistake of fact, not mistake of law. A factual mistake is more likely to provide a legitimate defense than a legal mistake. An example of a mistake of fact would be putting on her jacket at a party. Except when she gets home, she discovers the jacket is not actually hers. It looks like hers but is from a different brand. Because she did not intend to steal the jacket, she cannot be charged with theft.

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Ignorance of the law is not an excuse. While you cannot possibly know every single law, it is assumed that people have a general knowledge of what is wrong and what is right.

Accused of a crime you had no knowledge of? Get the help you need from a Murfreesboro criminal defense lawyer from The Law Office of David L. Scott. With extensive negotiation and trial experience, we have what it takes to pursue every possible defense strategy, even when the charges against you are serious. To schedule a consultation, call (615) 896-7656 or fill out the online form.