"But I Didn't Mean To!" So What?

         I have kids; four of them.  My oldest is six.  He is a good and sweet little boy with a real zest for life.  Occasionally his zest for life gets the best of him, the most common side effect of which is that he ends up playing to rough with his younger siblings.

          You know what I'm talking about.  As you read this you're hearing your own parents saying something like, "Someone's going to get hurt if you don't quit."  Maybe you've said the same thing to your own children.  Inevitably, as night follows day, someone always does get hurt.  The victim comes crying to mom and dad, the accused following close behind, repeating the five words that were supposed to make it better:

"But I didn't mean to!"

          Even at that young age we felt like our mind set at the time we did what we were "accused" of doing should be taken into account when deciding whether or not we were "guilty."  Many of my clients, now grown men and women, stand accused of things much more serious than the stuff sister used to taddle for, but they still wonder if they can escape criminal penalties if "they didn't mean" to do it, whatever "it" is.  They are NOT saying they DIDN'T do it.  They're saying they did, but that what they were thinking at the time of the bad act should make it so they can't be punished for it.  So, I guess that begs the question:

"Does it matter?"

         

           The answer is a clear "maybe."  There are certainly crimes for which it doesn't matter, like traffic violations - saying you didn't know the speed limit will never be legally sufficient to keep you from getting the ticket.  But there are certainly crimes for which it does matter, like theft - if you accidentally walk out of the store without paying for something, you can't be found guilty of stealing.

          If you, a family member, or a friend have been charged with a crime and you wonder whether or not "I didn't mean to" is a good defense to the charges, you are strongly encouraged to contact my office for a free, initial consultation.  Don't let being in the wrong place at the wrong time ruin your life.  Contact JHD Law today at (515) 875-4818, www.jhdlawfirm.com, or via Twitter @jonahhammerdyer.