If a crime requires intentional conduct, then doing something by accident may be a defense.
In life, accidents happen. Some of the worst things that happen to us occurred because something went wrong — car accidents, slip and falls, or people just messing up. Sometimes, people are charged with crimes because of something that they did not necessarily intend to do. But when does saying “I didn’t mean to do it” really work as a defense to a crime? In other words, when can the “accident” defense be used?
The legal defense of accident can completely clear a person from criminal liability if it can be shown that a person’s conduct was accidental — even though a crime has occurred. However, the key is that this defense cannot be used with all types of crimes. The defense of “accident” can only be used when the crime requires specific intent. This means that the prosector would have to prove that the defendant in a criminal case acted intentionally. If a person did something by accident, then he or she could not be held accountable for the crime, because the prosecutor could not prove that essential element of the crime.
For example, consider the case of a house fire. The prosector charges you with “malicious arson” for what you claim was an accidental fire: you decided to have a bonfire outside at your house, and then failed to control the fire properly, and it ultimately destroyed your home. The prosector claimed you lit the fire on purpose to collect on insurance. The elements of malicious arson require that the prosecutor prove that you set fire to or burned a structure AND that you did so willfully and maliciously. If you can demonstrate that what happened was an accident — that you did not set a fire willfully — then it is a complete defense to the crime of malicious arson.
The defense of accident is not available in crimes that only require that the prosector prove that you acted recklessly or negligently. In the example above, the prosecutor could potentially charge you with “reckless arson,” which only requires proof that you set a fire recklessly. The defense of accident would not be available to you if this were the charge, because this crime does not require that you act with a specific intent.
Finally, the defense of accident cannot be used to defend against a result that you did not intend if you were engaging in another criminal action that you did intend. For example, if you got into a bar fight and were beating someone up, you had an intent to assault that person. If he died from his injuries, you cannot claim the defense of accident to escape liability. You may not have had a specific intent to kill that person, but you did have an intent to hit him.
A skilled Riverside criminal defense attorney can work with you to help you determine if the defense of accident is available in your case. It is often a very fact-specific determination, and will depend on a number of factors that your lawyer can analyze with you.
If you have been charged with a crime, you will need an experienced Riverside criminal defense attorney to help defend you. At the Chambers Law Firm, we know how to help our clients get the best possible results. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
