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You got arrested, and it came as a complete surprise. You had no idea you were breaking the law. In this scenario, do you deserve to be convicted, or can you claim ignorance as a defense? Our experienced New Jersey criminal lawyer explains:
Ignorance is a Defense in Some (But Not All) Cases
In New Jersey, ignorance is a defense in some (but not all) cases. Whether you can claim ignorance as a defense depends on the specific crime (or crimes) with which you are being charged. Under Section 2C:2-4.a of the New Jersey Revised Statutes:
“Ignorance or mistake as to a matter of fact or law is a defense if the defendant reasonably arrived at the conclusion underlying the mistake and: (1) It negatives the culpable mental state required to establish the offense, or (2) The law provides that the state of mind established by such ignorance or mistake constitutes a defense.”
There’s a lot to this, so we need to break it down. The first thing to note is that the law clearly recognizes that ignorance is a defense in some cases. When Section 2C:2-4.a applies, you can avoid a conviction by claiming ignorance (though claiming ignorance effectively will require experienced legal representation).
The second key aspect of Section 2C:2-4.a is that it applies to ignorance “as to a matter of fact or law.” This means that it is possible to assert an ignorance defense if either (i) you were unaware of the circumstances that made your conduct a crime, or (ii) you were unaware that your conduct was prohibited by law.
The third key aspect of Section 2C:2-4.a is that it requires you to be able to show that you were “reasonably” ignorant. If, under the circumstances, you should have known that your conduct was illegal, then your ignorance isn’t a defense.
Finally, Section 2C:2-4.a requires that either (i) your ignorance prevented you from having the “mental state” required for criminal culpability or (ii) the “mental state” established by your ignorance constitutes a defense. This is where things start to get a bit more complicated.
Understanding the “Mental State” Required for Criminal Culpability
In New Jersey, all criminal offenses are defined by multiple “elements.” While many of these elements involve actions (such as causing bodily injury or possessing an illegal drug), most crimes have an element based on the defendant’s “mental state” as well.
When Ignorance Negates (and Doesn’t Negate) the Mental State Required for a Conviction
Different crimes require different mental states in order to justify a conviction. For example, many of New Jersey’s criminal statutes require evidence that the defendant acted:
- Intentionally,
- Purposely,
- Knowingly, or
- Recklessly.
Let’s look at an example. Under New Jersey’s aggravated assault statute (Section 2C:12-1.b), one way prosecutors can establish a defendant’s guilt is by proving that the defendant “purposely or knowingly cause[d] bodily injury to another with a deadly weapon.” If you accidentally shot someone—whether because you didn’t realize your gun was loaded or because you didn’t realize there was someone in the direction you were shooting—you may be able to assert an ignorance defense under 2C:2-4.a. Since you were ignorant as to the facts, you did not “purposely or knowingly” harm the alleged victim.
When asserting this type of defense, however, it is important to look at the entire statute—as well as any other statutes that may apply. Under New Jersey’s aggravated assault statute, for example, prosecutors can also establish guilt by showing that a defendant “[r]ecklessly cause[d] bodily injury to another with a deadly weapon.” Additionally, prosecutors can establish guilt for simple assault by showing that a defendant “[n]egligently cause[d] bodily injury to another with a deadly weapon.”
Even if you thought your gun was empty, if you fired in the direction of another person without confirming that there were no bullets in the chamber, prosecutors will almost certainly argue that you were reckless or, at the very least, negligent. As a result, in this scenario, asserting ignorance as a defense on its own might not be enough.
As you can see, this can get complicated quickly, and determining whether you can assert ignorance as a defense requires a clear and comprehensive understanding of both the relevant facts and the relevant law. With this in mind, if you are thinking about asserting ignorance as a defense, it is important that you discuss your case with an experienced New Jersey criminal lawyer as soon as possible.
“Strict Liability” Offenses in New Jersey: When Your Mental State Doesn’t Matter
While many crimes require evidence of the defendant’s mental state, some do not. These are known as “strict liability” offenses. If you are being charged with a strict liability offense, it doesn’t matter what you were thinking (or weren’t thinking) at the time in question.
One example of these types of crimes is strict liability vehicular homicide. Under Section 2C:11-5.3 of the New Jersey Revised Statutes, “[c]riminal homicide constitutes strict liability vehicular homicide when it is caused by driving a vehicle while intoxicated.” This means that if you cause the death of another while driving under the influence, your mental state is irrelevant. While you may have a variety of other defenses available (including defenses to driving under the influence), in this scenario, you generally can’t assert ignorance as a defense because your mental state isn’t an element of the crime.
While we’ve covered a lot, this just scratches the surface of what you need to know. If you are facing criminal charges in New Jersey and have questions about asserting ignorance as a defense, you should schedule an appointment with an experienced New Jersey criminal lawyer to discuss the specific facts of your case.
Schedule an Appointment with an Experienced New Jersey Criminal Lawyer Today
To schedule an appointment with an experienced New Jersey criminal lawyer at Helmer, Conley & Kasselman, P.A., call us at 877-435-6371 or contact us online now. We will arrange for you to speak with one of our lawyers in confidence as soon as possible.
