Ignorance of the Law
One legal defense some people may believe will acquit them is a lack of knowledge regarding a charge against them. However, these defendants are following an idea that is simply not applicable with many laws in the United States, and cannot be forwarded as a primary legal defense. Known in the Latin as ignorantia juris non excusat, which translates roughly to €ignorance of the law excuses none,€ this legal principle holds that not knowing something is illegal is not a legitimate defense.
A prime example of this principle working against a defendant is if they commit some sort of crime, and proceed to claim that they were never informed that their actions would be taken as illegal. This can occur frequently with crimes involved in business transactions, as many who are charged with various crimes may not have actually known or understood what they were doing. This happens most often with insider trading, where violators of insider trading laws are simply trying to help their friends.
However, to complicate this principle, there are times when this defense can be used successfully. For instance, the large number of city ordinances may prove far too vast for any one citizen to fully remember, especially if they regularly travel between towns. As a result, certain charges may not be fully prosecuted, as it may be unreasonable for a person to be familiar with every one of these laws. Similarly, if a person is legitimately confused by the federal tax code and, in good faith, makes a mistake, they may not necessarily be pursued for tax evasion. Instead, less punitive measures may be taken to address the accidental wrongdoing.
In other circumstances, the allegations must be joined with proof that the suspect was acting with willful intent and knowledge. This means that if someone was lacking the knowledge of the law, they may not be prosecuted for a particular charge. This can be true for some more intense versions of basic charges, adding language that specifically pinpoints unlawful intent.
If you have been charged with a crime, there can be serious consequences if a guilty verdict is found. To learn more about your rights and options as a defendant, contact an experienced criminal defense attorney. While you may not be familiar with the charges against you, a lawyer will have an intimate knowledge of their legal aspects and can fashion a defense to help you avoid facing their most severe penalties.
A prime example of this principle working against a defendant is if they commit some sort of crime, and proceed to claim that they were never informed that their actions would be taken as illegal. This can occur frequently with crimes involved in business transactions, as many who are charged with various crimes may not have actually known or understood what they were doing. This happens most often with insider trading, where violators of insider trading laws are simply trying to help their friends.
However, to complicate this principle, there are times when this defense can be used successfully. For instance, the large number of city ordinances may prove far too vast for any one citizen to fully remember, especially if they regularly travel between towns. As a result, certain charges may not be fully prosecuted, as it may be unreasonable for a person to be familiar with every one of these laws. Similarly, if a person is legitimately confused by the federal tax code and, in good faith, makes a mistake, they may not necessarily be pursued for tax evasion. Instead, less punitive measures may be taken to address the accidental wrongdoing.
In other circumstances, the allegations must be joined with proof that the suspect was acting with willful intent and knowledge. This means that if someone was lacking the knowledge of the law, they may not be prosecuted for a particular charge. This can be true for some more intense versions of basic charges, adding language that specifically pinpoints unlawful intent.
If you have been charged with a crime, there can be serious consequences if a guilty verdict is found. To learn more about your rights and options as a defendant, contact an experienced criminal defense attorney. While you may not be familiar with the charges against you, a lawyer will have an intimate knowledge of their legal aspects and can fashion a defense to help you avoid facing their most severe penalties.
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