Ignorance of the law is not an excuse, according to an old proverb, and this proverb is generally accurate. In the vast majority of situations, ignorance of the law is simply not an excuse for unlawful behavior. But in other situations, not knowing the law may be a defense. If the crime in question requires you to have a specific intent then the prosecution may have to prove that you were aware of it in order to establish that you were breaching the law.
Read on to learn more and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
You cannot use ignorance of the law as a defense for most crimes
In the vast majority of criminal cases, it is crucial to understand that you will not be able to use ignorance of the law as a defense to charges brought against you. For instance, if you were charged with vandalism and caught, you wouldn’t be able to argue that you didn’t realize it was illegal to knock out the windows of a business. If you strike someone, the prosecution won’t let you off the hook even if you claim not to have known it was against the law. Most situations fall under the broad rule that not knowing you were breaking the law is never an acceptable defense.
There are some specific exceptions
Ignorance of the law, however, may be an acceptable defense in certain specific situations. You could be considered to be ignorant about the statute in question, for instance, if there was no public notification of it.
This will be rare because laws are often passed in public through a formal procedure in state legislatures, but if a legislation is recently approved and not widely publicized, your criminal defense lawyer may be able to claim that you were not aware of the law. This might be especially true if the law is strange and makes actions illegal elsewhere.
Some crimes require that you had intent
Specific intent crimes may also be excused by ignorance of the law. You must behave knowingly or intentionally in order to commit some crimes. This might have to do with your mental condition, such as your desire to harm someone else, or your desire to break the law. You could not have broken the law if you did not know what the law was. Ignorance of the law can be used as a defense in this situation.
It’s crucial to understand that you cannot intentionally choose to be ignorant about the law in order to avoid prosecution. Regarding the charges and particular facts in your case, your defense attorney can advise you as to whether the defense of ignorance of the law will be an effective one.
We defend people accused of crimes at Chambers Law Firm. Call our office at 714-760-4088 or send an email to dchambers@clfca.com to set up a free first consultation and learn more about how our skilled lawyers will defend your freedom and your rights.
