LACK OF KNOWLEDGE OF THE OFFENDER

lack of knowledge as criminal defenseIn general, the main problem of the prosecution is to prove the crucial fact of knowledge of the nature of the act committed by offender. It is essential that the defendant knew that such conduct was unlawful and he or she could understand the legal consequences. However, it is not required that the offender knows exact punishment or main elements of the crime in order to be convicted of a crime. It is sufficient that he or she knows that such conduct is forbidden under the California law and the commission of the act can make him or her face criminal punishment. For example, all people know that it is prohibited from illegal killing of a human being.

Example: a person was driving on a suspended or revoked driver’s license. The notice of suspension was mailed…but it went to the old address and the person, whom it was addressed, did not be noticed of the suspension of his or her license. Afterwards, the person was stopped by patrol and it was discovered that he or she was driving on a suspended driver’s license. In this case, the most appropriate defense to use is the lack of knowledge. The person did not be noticed of the suspension and it could happen that he or she did not know about it.

Did not you know that you were committing crime under California law?

The Margarian Law Firm aggressively protects the rights of criminal defendants in California.  The charges of the prosecution are only allegations. We always conduct a deep legal research on accusations to determine how we must attack their validity. Do not hesitate to contact us!

You may file your request online, by telephone or by mail. 818-553-1000

 

Copyright © 2014 The Margarian Law Firm. All Rights Reserved.