Can I be charged with a crime if I didn’t know?
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Can I be charged with a crime if I didn’t know?
My cousin beat a guy up and the guy’s girlfriend said my cousin could use her car but it was really the guy that got beat up car. I walked up as my cousin was driving off and he told me to ride with him. I didn’t know about anything that went on and I got in and rode with him. Now I’m sitting in jail charged with aggravated robbery. Can I be convicted of that charge?
Asked on February 1, 2019 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
To be charged, there must be "probable cause"--a reasonable basis--for thinking you were involved in a crime. Riding in a stolen car with the person who assaulted someone and committed the theft is a reasonable basis for thinking you were involved--as the term "probable" implies, probably involved--in it.
To be convicted requires stronger evidence--beyond a reasonable doubt, or so close to certain that is no not-stupid, silly or unbelieveable reason to think you may not have been involced--that you were knowingly or intentionally involved. Based on what you write, the authorities may not be able to prove the case to that degree, and so may not be able to convict you, unless possibly your cousin, to try to save himself, can plausibly blame it on you (e.g. it was your plan or idea; you helped him) to reduce his own guilt.
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