Understanding the Consequences of Unintentional Crimes
Can you be convicted of a crime if you don’t know that you’re committing a crime? Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help make law easy by talking about when and you have to be aware of what is or isn’t a crime.
Can You Be Convicted Even If You Didn’t Know You Were Breaking the Law?
Short answer: Yes. There’s a classic saying in law: “Ignorance of the law is no excuse.” That’s true in Oklahoma. The law assumes that everyone has a basic, working knowledge of what is and isn’t legal.
Now, that doesn’t mean you need to memorize obscure laws about water rights or zoning regulations. But when it comes to everyday life—things like theft, assault, drug possession, or DUI—you’re expected to know what’s illegal.
Common Situations That Could Lead to Unintentional Convictions
Here’s where people often get tripped up:
Public Intoxication: You don’t have to be stumbling drunk in the street. If you’re intoxicated anywhere that’s considered public, even in your car parked in a public place, you could be charged.
Possession of CDS (Controlled Dangerous Substances): You don’t need to have drugs in your pocket to be charged. If something illegal is near you and within your “dominion or control”—like in your car, your bag, or even just within arm’s reach—you could be considered in “constructive possession,” even if you didn’t realize it was there.
Building Awareness and Seeking Guidance
Think of it this way: If there’s a pen on the desk in front of you, even if you’re not holding it, you still can grab it at any time. That’s possession. The law treats drugs or paraphernalia in the same way in many cases.
Bottom line: If you even think something might be illegal, don’t risk it. And if you’re already facing charges for something you didn’t realize was a crime, give me a call. We can talk through the details and build a defense that fits your case.
Start with a Low-Cost Initial Strategy Session
My name is Carl Birkhead. I’m a Tulsa felony attorney with Wirth Law Office, and I want to help you make law easy. If you’re facing charges or just need some guidance, don’t hesitate to reach out to me at 918-879-1681. Let’s schedule a low-cost initial strategy session to discuss your situation and explore your options.
