Strict liability crimes are offenses that do not require the prosecution to prove that you had any intent, recklessness, or knowledge – the typically necessary mental states associated with criminal activities. Simply put, if you commit an act that is considered a strict liability offense, your reasons for doing so are irrelevant; whether intentional or accidental, you can be held legally responsible.
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Examples of Strict Liability Crimes
Three of the most common examples of strict liability crimes include the following:
Statutory Rape
Statutory rape is often a prime example of a strict liability crime. Under Ohio law, individuals under the age of 16 are not capable of legally giving consent to engage in sexual activity. This means if an adult is sexually involved with someone below this age, the state does not require proof that the defendant knew of the minor’s age or had any intent to commit a criminal act.
Selling Alcohol to a Minor
Selling alcohol to a minor is another example of a strict liability crime. If you sell or provide alcohol to someone who is underage, you can be charged for that offense regardless of whether you knew the individual’s true age or not.
Traffic Offenses
Traffic offenses like speeding and driving without a valid license are typical examples of strict liability infractions in the realm of motor vehicle law. When you’re caught speeding, it is no defense to argue that you didn’t realize how fast you were going or that your speedometer was faulty.
Similarly, if you’re found driving without a valid license – whether it’s expired, suspended, or never obtained – the underlying reasons typically don’t matter – unless the Department of Transportation made a mistake. The mere fact of operating a vehicle under such circumstances is usually enough for this charge.
A defendant facing a charge for a strict liability crime should speak with an Ohio criminal defense lawyer as soon as possible.
Possible Legal Defenses to Strict Liability Crimes
Defendants facing strict liability charges may still raise various defenses to mitigate their liability. Common defenses include the following:
Actual Innocence
The defense of actual innocence revolves around proving that the accused did not commit the act in question. This may involve presenting alibi witnesses, video footage, or other corroborating evidence that firmly establishes the defendant’s presence elsewhere at the time the crime occurred.
Violation of Civil Rights
In instances where a defendant’s civil rights have been breached during the investigation or arrest process, this can serve as a strong defense. This encompasses unlawful searches and seizures, coercive interrogations, or failure to provide legal counsel. This could lead to the collected evidence being rendered inadmissible, potentially leading to the dismissal of charges or an acquittal at trial.
Plea Bargaining
Plea bargaining is a negotiation process where the defendant may agree to plead guilty to a lesser charge in exchange for reduced penalties or sentencing considerations. This strategy is commonly utilized in strict liability cases to mitigate the consequences of a conviction.
Through plea bargaining, defendants can avoid the uncertainties of trial, often resulting in a more favorable outcome, such as lesser fines or decreased jail time.
Lack of Evidence
Another defense in cases involving strict liability crimes is the absence of sufficient evidence to substantiate the charges. The prosecution bears the burden of proving beyond a reasonable doubt that the defendant committed the offense.
If the defense can effectively argue that the evidence presented is insufficient or lacks the necessary credibility, it can lead to a dismissal of the case. This emphasizes the principle that a defendant is presumed innocent until proven guilty.
A Cincinnati Criminal Defense Attorney Can Help If You’ve Been Charged With a Strict Liability Crime
Defendants in strict liability cases should be aware of the variety of defenses available to them. Don’t ever assume that just because you’re facing a strict liability crime, you have no chance of beating the charges against you.
For help with a criminal matter, don’t hesitate to schedule a free consultation with a Cincinnati criminal defense lawyer.
Contact the Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the Cincinnati Criminal Defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 613-2647 or visit us at our Cincinnati law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
