Home / Blog / Can I Be Charged for a Crime If I Didn’t Know I Was Breaking the Law in Maryland?

Can I Be Charged for a Crime If I Didn’t Know I Was Breaking the Law in Maryland?

“But I didn’t know that was illegal!” It’s a phrase Maryland criminal defense attorneys hear often. Whether it’s someone charged with possessing a prohibited item, committing a traffic offense, or engaging in a complex financial transaction, the underlying question is the same: Can someone be prosecuted if they didn’t know their conduct was against the law?

The General Rule: Ignorance of the Law Is No Defense

In Maryland, as in most jurisdictions, ignorance of the law is not a defense to a criminal charge. This concept is rooted in long-standing legal doctrine and has been affirmed consistently across Maryland case law and statutes.

Maryland Pattern Jury Instruction MPJI-Cr 3:02 reinforces this principle: “A person is not relieved of criminal responsibility merely because they did not know their act was unlawful.” This means that in most cases, it doesn’t matter whether the defendant was aware of the law they allegedly violated.

When Intent Matters: Crimes Requiring Mens Rea

While ignorance of the law isn’t a defense, Maryland law does require proof of intent (mens rea) for many crimes. This means that in certain situations, what you knew or intended to do matters greatly.

For example:

• Theft under Maryland Criminal Law section 7-104 requires the intent to deprive another of their property.
• Second-degree assault under section 3-203 requires proof that the defendant acted “intentionally, knowingly, or recklessly”.

In such cases, if you can demonstrate that you did not intend to commit the act in question or did not know the nature of your conduct, that can serve as a valid defense.

Strict Liability Offenses: No Intent Required

There are, however, some Maryland crimes that are considered strict liability offenses, meaning no intent is required. These include:

• Handgun on Person
• Certain age based sexual offenses

In these cases, you can be found guilty even if you didn’t know you were breaking the law.

Real-World Example: Unlawfully Carrying a Firearm in a Vehicle without a Maryland License

Under Criminal Law section 4-203, it is unlawful to wear, carry, or transport a handgun in a vehicle on a public road without a valid permit. This law does not require the State to prove the defendant knew they needed a permit to carry a firearm in the vehicle. Instead, the focus is on whether the person knowingly carried or transported the weapon. Even someone who lawfully purchased a gun in another state, or had a license to have the firearm in their vehicle from their state, could still be convicted under Maryland’s stricter carry laws can be convicted.

Can Good Faith or Mistake Ever Be a Defense?

Yes, in limited circumstances. If a law requires a specific intent or knowledge element, and you honestly misunderstood the facts, then a mistake of fact may be a defense. For example, if you were handed a package and had no idea it contained stolen goods, that could negate the required intent in a theft charge.

However, a mistake of law - such as “I didn’t know this type of knife was illegal to carry” - will almost never excuse criminal conduct.

Why This Matters

Many criminal charges in Maryland hinge not just on what happened, but what you knew, intended, or believed at the time. An experienced attorney can challenge whether the State has truly met its burden to prove every element of the offense, including any necessary mental state.

If you’re facing criminal charges and believe you acted in good faith or simply made an honest mistake, don’t assume the system will understand. Let an attorney present your side, with legal clarity.

Related Topics

• Learn more about Maryland assault laws
• Explore drug possession defenses
• Understand how intent affects criminal charges
• See what to do if charged with theft
• Read about clearing your record with expungement

FAQs

Q: Can I argue I didn’t know something was illegal in Maryland?

A: Generally, no. Ignorance of the law is not a defense under Maryland law.

Q: What if I honestly didn’t mean to commit a crime?

A: If the crime requires intent, and you lacked it, that can be a valid defense. An attorney can assess whether this applies in your case.

Q: Are there crimes that don’t require intent in Maryland?

A: Yes. These are strict liability offenses, and include many traffic and regulatory violations.