Understanding the Law in Texas When Ignorance Isn’t a Defense
Facing a criminal charge in Texas is a serious matter. For many people, the scariest part isn’t what they did — it’s that they didn’t know it was against the law in the first place. Whether it's a college student accused of a Title IX violation or someone pulled over for a DWI after using a prescription drug, the question often comes up: Can you really be charged for something you didn’t know was illegal?
The answer is yes. In most criminal cases, ignorance of the law is not a valid legal defense. But that doesn’t mean you don’t have options, and it certainly doesn’t mean you should give up.
At Botsford & Roark, our Austin criminal defense attorneys help people across Central Texas who find themselves in this exact situation. Understanding your rights, your legal exposure, and the path forward is critical, especially when your reputation, record, and future are at stake.
Why Ignorance of the Law Usually Doesn’t Matter
The legal concept at play is often summed up by the Latin phrase “ignorantia juris non excusat,” which means ignorance of the law excuses no one. In Texas and throughout the United States, the law assumes that people are generally aware of what is legal and what is not.
The logic behind this is simple: If ignorance were a defense, anyone could avoid criminal responsibility just by claiming they didn’t know the law existed. That would make enforcing laws nearly impossible.
This rule applies broadly across criminal law, from drug possession and assault charges to white collar crimes and Title IX violations. In most cases, a person can still be prosecuted or held responsible even if they were unaware that their actions broke the law.
When Intent Does Matter
Although ignorance of the law isn’t a defense, intent can play a major role in certain types of cases. There’s a difference between:
- Not knowing something was illegal
- Not intending to commit a crime
In Texas, some crimes are defined by what's known as mens rea, or “guilty mind.” These offenses require that the defendant acted knowingly, intentionally, recklessly, or with criminal negligence.
For example:
- Drug Possession: If you genuinely didn’t know drugs were in your bag (e.g., someone else left them there), your lawyer may argue you lacked the intent or knowledge required for a conviction.
- Theft: If you mistakenly thought an item was yours, that could be a defense — not because you didn’t know theft was illegal, but because you didn’t intend to steal.
However, not all crimes require proof of intent. These are often called strict liability offenses, and they don’t give much room for gray areas.
Strict Liability Crimes in Texas
Strict liability offenses don’t consider whether the person knew their behavior was illegal. If the act happened, the person can be held legally responsible.
Examples include:
- Statutory rape: Even if someone didn’t know the other person was underage, they can still face criminal charges.
- Certain traffic offenses: You can be ticketed for running a red light, even if you didn’t realize the light was red.
- Environmental violations or business compliance issues: In some cases, business owners can be penalized for regulatory violations even if they didn’t knowingly commit them.
This is why having the right legal team is so important. A skilled defense attorney can dig into the details of your case and build a strategy based on what you did know, what the law requires the state to prove, and where the government’s case falls short.
What About University Disciplinary Cases?
In Title IX and student conduct hearings, the standards are different than those in criminal court. These aren’t criminal proceedings, but the consequences can still be life-changing.
Many students (and their parents) are shocked to learn that they can face serious consequences — including expulsion — for conduct they didn’t realize violated university policy. The standard of proof is lower, and the process can move quickly, often without the protections afforded in a criminal case.
That’s why it’s critical to have experienced legal representation if you or your child is under investigation. Botsford & Roark has defended students at the University of Texas and other institutions across Texas, protecting their academic future and reputations.
Why You Shouldn’t Assume You’re Out of Options
Just because the law doesn’t excuse ignorance doesn’t mean you should give up hope. In fact, there are often multiple legal strategies available, especially when your actions weren’t intentional or malicious.
Your defense may focus on:
- Lack of intent or knowledge
- Constitutional violations (such as unlawful searches or interrogations)
- Misidentification or mistaken facts
- Procedural errors by police or prosecutors
- Inadequate evidence
The sooner you speak with a criminal defense lawyer, the sooner you can begin building your defense.
Speak With an Austin Criminal Defense Attorney Today
If you or a loved one has been charged with a crime — even one you didn’t know was illegal — don’t wait to get legal advice. A single misstep or assumption could cost you your future. Whether you’re facing a misdemeanor, felony, or university investigation, the Austin criminal defense lawyers at Botsford & Roark are ready to step in and protect your rights.
We offer free, confidential case evaluations and have a long track record of success in Travis County and across Texas. To see how we can help you, contact us today.
"Brian’s dedication and hard work ultimately resulted in a successful outcome. He truly went above and beyond, and I couldn't be more grateful for his support. If you're looking for a knowledgeable, trustworthy, and results-driven attorney, I highly recommend Brian Roark." - Milton H., ⭐⭐⭐⭐⭐