What Does Criminal Liability Mean?
In simplest terms, when you are “criminally liable,” it means you may be held legally responsible for breaking the law. This can be potential or actual responsibility—meaning that you actually committed the crime, or that you are simply suspected of committing it. If the liability is proven in court, you will be held responsible for the crime and sentenced accordingly.
In cases of criminal liability, the government believes you may have committed a criminal act, and the government prosecutes the case in court.
What Determines Criminal Liability?
In most cases (not all), criminal liability hinges on two elements: the actus reus (the actual act or omission that violated the law) and the men’s rea (the guilty state of mind, the intention to commit).
In plain English, this means in order to prove that you are criminally liable, the prosecution must prove “beyond a reasonable doubt” not only that you committed the crime, but that you intended to do it. However, certain exceptions exist where “strict liability” is enforced, meaning that you can be held liable for the crime regardless of your intentions. For example, you may be convicted of selling alcohol to a minor whether or not you knew the person’s age.
You can also be ticketed for speeding even though you didn’t know you were exceeding the speed limit. Your experienced criminal defense attorney can advise you on whether your alleged offense is a strict liability offense.
Criminal Defense & Appeals Attorney
If you are suspected of or have been indicted for a criminal offense, you need a skilled attorney like Sodhi Law Group of Modesto to represent your interests and to guide you through the nuances of criminal liability. Contact the Sodhi Law Group for a free case evaluation today. Our experts are ready to help you reach the best outcome for your case.
What Is Criminal Liability – contact the Sodhi Law Group today.
The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.
This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.
Have questions? Contact Sodhi Law Group at http://sodhilawgroup.com/ or (209) 263-4820. Also, follow us on FaceBook today. Or fill out the form below.