Featured News 2014 Is “Just Kidding” a Criminal Defense?

Is “Just Kidding” a Criminal Defense?

Many arrests are a result of a misunderstanding. For example, a teenager may send his friend a text message from an unknown number, threatening to capture him and torment him later that night. He may continue sending eerie texts that reflect a movie that the two watched together not long before. In a panic, the recipient of the messages may call the police and report the threats. The police may trace the number to the friend, and arrest him for criminal threats. In this situation, the teenager may simply want to prove that he was only playing a joke that got out of hand.

Likewise, a man may pretend to steal a buddy's car by taking it and hiding it in his own garage down the street. While he may think that this is simply a practical joke, the victim may take it too far and get law enforcement involved. All of a sudden the "I was just kidding" defense may be hard to prove when law enforcement discover the vehicle in the prankster's garage.

Pranks can get many individuals into more trouble than they realized. Thankfully, in a more formal presentation, the "just kidding" defense can be a valuable tool in many criminal trials. In legal terminology, a "just kidding" defense is known as "no intent." The prosecution always has the burden of proof in criminal cases, and most show that the defendant fully intended to commit the crime that occurred. If the defense can prove that there was no intent, it may result in a case dismissal or a "not guilty" verdict.

Not all crimes can be successfully defended with just kidding. For example, if you hide out to scare your elderly teacher at her home, and she has a heart attack from the shock of your prank, then you may be severely penalized for acting in a reckless manner that cost the teacher her life. Also, if you pull a prank that involves messing with food, and the victim of the prank happens to be severely allergic to the food that you tampered with, you can be charged with poisoning.

Hijacking a person's Facebook or Twitter account to post messages in their name can be considered a computer crime, and pranking friends by booby trapping their homes or setting up pranks that cause injury could result in criminal assault or battery. Some pranks that affect the appearance of a person's home can also be charged as vandalism, such as spraying graffiti on a house or damaging their yard. If you have been accused of a crime that started out as nothing more than a prank contact a skilled criminal defense lawyer near you. You may be able to prove that you are innocent of your offense and that you deserve to be let go because there was a lack of intent. Call today to get started!

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