blog home Criminal Defense Ignorance of the Law – Is It a Defense?By Los Angeles Criminal Defense Attorney on March 16, 2022
It is a fundamental legal principle in the U.S. that ignorance of the law is no defense. If ignorance were accepted as an excuse, any person charged with a criminal offense could claim ignorance to avoid the consequences. Laws apply to every person within the jurisdiction, whether they are known and understood. This is based on the idea that laws have been made known to the public in government journals, newspapers, printed publications, online, and other sources.
Does California Allow Ignorance of the Law As a Defense?
As in the rest of the country, ignorance of the law is not an acceptable defense in California. However, there are certain exceptions to this general rule. If you have been arrested for a crime when you did not know you were committing one, consult with an experienced criminal defense attorney. There may be a legal defense against the charges.
When Can Ignorance of the Law Be a Valid Excuse?
Ignorance of the law can be a legal defense in very limited circ*mstances. Generally, there is no requirement that a person be aware that what he or she is doing is illegal for a crime to be committed. For example, if you buy marijuana in Colorado, where it is legal for recreational use, then drive over the border into Nebraska, you can still be arrested, charged, and convicted of possession even if you didn’t know it was a crime in Nebraska. As in most things, however, there are exceptions to the rule:
- Specific intent crimes: To get a conviction for this category of crime, the prosecution must prove beyond a reasonable doubt that the defendant intended to commit a particular harmful act, such as robbery, forgery, arson, or burglary, and that requires establishing a particular frame of mind. If the person who committed the crime was unaware that it was a crime, there may be a valid defense of ignorance because specific intent was not clear or present.
- Differences in state and local traffic laws: Traffic laws may be somewhat different from state to state and city to city. Generally, signs and notices will be posted to warn of different rules in a particular location. If certain behavior is against the law in a particular area but there are no warnings posted, ignorance of the law may be a valid defense in court.
- New laws: When a law is brand new, the general public may not have had enough time to become aware of it. If you have unknowingly violated a law that is new and not yet well publicized and widely known, ignorance may be a defense. This may be particularly true if the new law criminalizes behavior that is legal in other places.
What Can You Do If You Are Accused of Breaking a Law of Which You Were Ignorant?
You can be arrested for unknowingly committing a crime. Police only need probable cause that you committed the illegal act to arrest you. It is the job of the jury to determine whether you are innocent or guilty. If you are arrested, keep your constitutional rights in mind. Politely state that you are exercising your right to remain silent and to not answer questions without an attorney present to represent you, then speak with an attorney as soon as possible.
At Werksman Jackson & Quinn LLP, we have a proven track record of resolving issues quickly and quietly. Our Los Angeles criminal defense attorneys have decades of experience handling complex cases in a wide variety of criminal matters. Contact us at (213) 688-0460 if you are accused of breaking a law you didn’t know existed.
FAQs
Is Ignorance of The Law a Viable Defense in California? In California and elsewhere in the United States, ignorance of the law cannot be used as a defense as per a fundamental legal principle.
Can ignorance be used as a defense? ›
In most criminal cases, ignorance of the law is not a valid defense. However, in limited circ*mstances, it may be an acceptable defense. Depending on the criminal charges you're facing, you may be able to assert ignorance as a defense if the crime requires that you have specific intent.
Is ignorance of the law always a valid defense to criminal liability? ›
Ignorance of the law is not considered as admissible defense to criminal liability. As the old saying says "Ignorance of the law excuses no one". This means that a person who committed a criminal act without explicit knowledge can still be found accountable as long as it is proven that they are guilty of mind.
Is ignorance or mistake of fact a defense to a crime? ›
In criminal law, a mistake of fact can usually operate as a defense so long as it is reasonable. With crimes that require specific intent, even an unreasonable mistake of fact might work as a defense.
Does ignorance of the law equate to criminality? ›
Ignorance of the law is ordinarily not an excuse for criminal law violations, except when a person makes a mistake of law because of a reasonable reliance upon an official interpretation of the law.
Is ignorance of the law an acceptable defense to a criminal prosecution group of answer choices true false? ›
As in the rest of the country, ignorance of the law is not an acceptable defense in California. However, there are certain exceptions to this general rule. If you have been arrested for a crime when you did not know you were committing one, consult with an experienced criminal defense attorney.
How do you fight against ignorance? ›
Socrates demonstrates that fighting ignorance requires dedication, patience, and a willingness to accept occasional defeat.
- Ignorance is inevitable. ...
- Continuous learning is key. ...
- Educate rather than criticize. ...
- Respect the humble underdog, instead of the conceited winner.
Thomas Jefferson once said, “Ignorance of the law is no excuse in any country. If it were, the laws would lose their effect, because it can always be pretended.”
Why is ignorance powerful? ›
History shows how public ignorance served as fuel to powerful megalomania. As the cause and manifestations of ignorance, mythologies, dogmas, superstitions and fallacies helped the powerful wield and exert more power on their subjects.
Why isn't ignorance a defense? ›
The essential public character of a law requires that the law, once properly promulgated, must apply to anyone in the jurisdiction where the law applies. Thus, no one can justify his conduct on the grounds that he was not aware of the law.
Unfortunately, in most cases, ignorance of the law does not let you off the hook if you have committed a crime. You can still be charged for doing something illegal even if you did not know that it was illegal.
Which is rarely a defense to criminal liability? ›
A defendant using the consent defense maintains no crime was committed because the actions in question were done with the victim's consent. Consent as a defense is rarely successful against criminal liability.
Is a defense that the criminal defendant misunderstood or was ignorant of the legal code as it existed at the time? ›
Mistake of law is a defense that the criminal defendant misunderstood or was ignorant of the law as it existed at the time.
In which case is an honest mistake or ignorance of fact a valid defense? ›
(it is a basic principle of criminal law that an honest and reasonable mistake of fact can negate the mens rea requirement to a general intent crime; mistake of fact is a defense where, if the circ*mstances were as the accused believed them to be, the accused would not be guilty of the offense; neither the President ...
What is the failure of proof defense? ›
Failure of Proof – an individual's simplest defense in a criminal prosecution is to claim that the prosecution has not or cannot prove an element of the offense. Mistakes – in certain circ*mstances, an individual's mistake can be used as a defense.
Has the US Supreme Court established that ignorance of the law may be a defense when it comes to tax evasion? ›
Generally, ignorance of criminal laws is not a defense to prosecution. Reynolds v. United States, 98 U.S. 145, 167 (1879). However, in 1933 the Supreme Court set criminal tax laws apart from other criminal statutes by providing that ignorance of the law is a defense to a criminal tax prosecution.
What is the legal term for ignorance of the law? ›
Ignorantia Juris non-excusat or ignorantia legis neminem excusat (Latin for “ignorance of the law excuses not” and “ignorance of the law excuses no one” is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law simply because they were unaware of it.
