Understanding Strict Liability in Criminal Law
What is strict liability, and how does it apply to criminal cases? 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 strict liability and what that means for you.
Strict Liability: No Intent Required
It might sound strange, but under strict liability laws, you can be convicted of a crime even if you had no intent to commit it. Normally, a crime requires two elements:
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- Mens rea – your mental state or intent
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- Actus reus – the physical act of committing the crime
But in strict liability cases, the mental state doesn’t matter. You don’t need to intend to break the law. You don’t even have to know you’re doing anything wrong. If the act itself occurred and fits the statute, you can be charged and convicted.
Real-Life Applications and Examples
Where do I see this most? Mostly in possession cases — things like firearms or controlled dangerous substances (CDS). If something illegal is in your dominion or control, you can be held legally responsible, even if you didn’t know it was there.
Let me give you a real example:
Years ago, I represented a woman with some ancient felony convictions. She was charged with felon in possession of a firearm. How? She was staying in a room in someone else’s house. A firearm had been in that room — she didn’t own it, didn’t know it was there, and had no reason to think it would be. But police got a warrant, searched the room, found the gun, and she was charged. Even though she did not know the gun was in her space, she was held liable.
Protect Yourself from Strict Liability Charges
What does this mean for you?
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- Know your surroundings.
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- Be aware of what’s in your home, car, or backpack.
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- Understand what others around you might be carrying.
This applies to drugs, firearms, and yes, even medical marijuana in some situations. If you’re around someone with a card and you don’t have one, that could still cause problems.
Need Legal Advice? Schedule a Low-Cost Strategy Session
If you’re facing a strict liability charge or want to make sure you’re not walking into one, give me a call. You need strategic legal advice, and we’re here to help. My name is Carl Birkhead. I’m a Tulsa felony attorney with Wirth Law Office, and I want to help you make law easy. For personalized assistance, call us at 918-879-1681 to schedule your initial strategy session.
