Hello, my name is Susan Farris and my hobby is learning about the law. I have an uncle who is an attorney and I've always looked up to him and that's why I find subjects on law very interesting. Through speaking with my uncle and doing research on my own, I've learned about all the different fields of law. Each field of law centers on its own subject and most attorneys specialize in a certain area of law. These include criminal, personal injury, family, bankruptcy, criminal, immigration and business. I find each one of these fields very interesting and I have the utmost admiration for lawyers because they help people through their legal struggles. I wanted to share this information with others who have questions about the different types of attorneys and the law.
In most cases, a person can only be convicted of a crime if they had some kind of intent to commit one. However, there are exceptions to this. One of the most common is the concept of strict liability crimes. What are these? Why are they unique? And how can you defend yourself successfully? Here's what you need to know.
What Is Strict Liability?
Strict liability is largely a civil tort issue. Most personal injury cases hinge on whether or not the defendant acted negligently or intentionally harmed the plaintiff. If they did, they are liable for harm, injury, or damage. If there was no malicious intent or negligence, they are generally not liable.
However, strict liability refers to someone who engages in an activity that is inherently risky or harmful. Engaging in it is enough to make them responsible for the consequences — regardless of any other factors, including the lack of bad intent.
What Are Strict Liability Crimes?
How does strict liability translate to criminal law? This refers to activities that are considered crimes regardless of the person's intent or even awareness of the crime.
One of the most common strict liability crimes is selling alcohol to a minor. The seller is responsible for avoiding this crime by verifying the age of customers. Simply not knowing that a customer was a minor is not a defense. The seller also doesn't have to be negligent in their sale or intend to sell alcohol to underage persons. If they did it, they are liable.
Other strict liability crimes include statutory rape (sexual relations with a minor) and a range of traffic violations or infractions. You don't need to know or intend to speed for it to be considered a crime for which you are liable.
What Defenses Do You Have?
Your defense against strict liability crimes is more limited than some other criminal defenses. In general, you must be able to sow doubt that you actually committed the act. Unlike civil law, criminal law requires a higher burden of proof from prosecutors. This works in the favor of the defendant.
If denial isn't an option, a good defense may turn to mitigating the damage through negotiation or plea bargaining with prosecutors.
Where Can You Start?
Are you or a loved one accused of a strict liability crime? If so, act quickly to protect your interests. Meet with an experienced criminal defense attorney today to get started.
For more information, contact a criminal defense attorney near you.
Share19 July 2023
