Can You Commit a Crime by Accident in Texas?

Criminal intent determines what charges will be filed and the severity of your sentence. Specific statutes will indicate what state of mind is required to be found guilty. Even so, what may be considered an accident (which may be disregarding a substantial risk or being unaware of the risk) is still considered a crime under Texas law. In some cases, you may be guilty of a crime even if you have no criminal intention.

At the Law Office of Kyle Whitaker, our Fort Worth criminal defense lawyer has more than 20 years of experience handling an array of charges. This defense experience has helped him successfully argue for his clients.

Mens Rea and Its Impact on Criminal Charges

Although “ignorance of the law” is no excuse following a crime, it can make matters more complex for a judge or jury. Mens rea describes a perpetrator’s intent prior to committing a crime. Translating as “guilty mind,” the prosecutor must prove the suspect’s intent beyond a reasonable doubt (along with actus reus) to obtain a conviction. Actus reus translates as “guilty act,” which, like mens rea, must be proven beyond a reasonable doubt. For many criminal acts, more than one state of mind may apply.

The Texas Penal Code recognizes four states of mind or mens rea:

Purposely

A person who acts with the intent of causing a certain result has a purposeful state of mind. Purposely most closely equates with specific intent crimes. Under Texas law, a purposeful state of mind would apply to murder, burglary, and theft.

Knowingly

A defendant who acts knowingly will perform an act aware that a certain result is likely to occur. However, the result is not necessarily the desired outcome, just a byproduct. For example, a moving company leases a van to a drug dealer, knowing that the drug dealer is likely to transport contraband in the van. So, the moving company is knowingly a party to drug trafficking. A knowing state of mind equates most closely to general intent crimes in Texas, including drug trafficking, assault, and kidnapping.

Recklessness

Recklessness occurs if the offender disregards a substantial and unjustified risk of a certain outcome. The Texas Penal Code §6.03(c) states that a person acts recklessly if the act involves a “gross deviation from the standard of conduct that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.” An example would be someone drag racing down a city street. Under Texas law, reckless driving, manslaughter, and the offense of deadly conduct all require a reckless state of mind.

Criminal Negligence

If the offender creates a “substantial and unjustifiable risk” that he or she should be aware of but fails to recognize, this is considered criminal negligence. Criminal negligence has the same definition as recklessness, aside from the offender’s unawareness of the risk posed to others. An example of criminal negligence would be a person who is inspecting someone’s gun and ends up shooting their friend in the chest, instantly killing them. The perpetrator is unlikely to be convicted of murder since there was no intent to kill. Instead, the individual will likely be charged with criminally negligent homicide under Texas law.

Strict Liability Crimes

Some crimes require no mens rea whatsoever; these are known as strict liability crimes. For example, statutory rape (charged as “indecency with a child” in Texas) requires no knowledge of the person’s age or intent to commit a crime. Even if you are criminally liable without fault, some strict liability crimes come with harsh penalties. For instance, being charged with indecency with a child could result in up to 10 or 20 years in jail, depending on the charge, and a $10,000 fine. On the other end of the spectrum, offenses like speeding or running a red light will only result in a traffic ticket.

Accidental Crimes are More Likely to Be Pled Out

Intent is an important element behind any crime. If you committed a crime by accident, the prosecution is more likely to offer you a plea bargain. In exchange for taking a plea, the government will offer you a more lenient sentence. In other cases, it may be to your advantage to take your chances in front of a jury. As always, our Fort Worth criminal defense attorney is here to advise you every step of the way.

Speak with Our Fort Worth Criminal Defense Lawyer Today

If you are facing allegations of a crime to which you were unaware, our Fort Worth criminal defense attorney would like to hear from you. At the Law Office of Kyle Whitaker, our founding lawyer has been practicing law for more than 20 years. His experience as both a prosecutor and defense lawyer will help you tremendously in the courtroom. To arrange your confidential consultation, contact us online or by phone today.