Accidental Crimes? Why You Don’t Always Need “Intent” to Be Guilty

By: John Guidry

[I know what you’re thinking: this is another boring technical article filled with big legal words. No, it’s not. Read on and quit being a hater.]

To commit a crime, you must “intend” to commit a crime, right? Well, maybe.

Different crimes carry different levels of mental mindsets (mens rea). There are five basic ones:

1. Purpose/Intent: You wanted to do it.
2. Knowledge: You knew you were doing it.
3. Recklessness: You knew it was risky but did it anyway.
4. Negligence: You should have known better.
5. Strict Liability: You did it. Period.

Unfortunately, the legislative trend seems to be moving toward Strict Liability (Number 5). These newer crimes do not require guilty knowledge. This means if you “do it,” you are guilty—whether you intended to or not.

Charged with a crime you didn’t know you committed?

Lack of intent is a complex defense. Call John today at (407) 423-1117.

The “No Intent” Examples

DUI Manslaughter This is a prime example of a crime that mixes mental elements. To prove DUI Manslaughter, the State need not prove any intent to “kill” someone. They need only prove:

1. You drove a car under the influence.
2. You caused a death. Intent to kill is not required.

The Mailman Problem (Drug Delivery) Florida’s drug laws have removed the “knowledge” requirement (See Fla. Stat. 893.101). This could affect innocent people, like mail delivery personnel.

• Think about it: A mailman could theoretically be found guilty of Delivery of a Controlled Substance for drugs found in a package.
• Why? Because Florida law does not require the State to prove the mailman knew the package contained drugs.
• It only requires proof that: (1) He delivered the package, and (2) The package contained drugs.

Seems kind of wrong, doesn’t it? It is wrong, but it is “legal” under Florida law.

The Absurd Result

By removing mens rea, our Florida drug laws can lead to absurd results. In the example above, the ignorant postal worker could be convicted of a serious felony even though he was completely unaware of the drugs. The Legislature has essentially decided that catching more drug dealers is worth the risk of ensnaring a few innocent people who didn’t check the contents of a package.

John’s 2026 Update: The Burden is on YOU

Note: In the original article, I mentioned that this issue was pending before the Florida Supreme Court. Since then, the Court has ruled, and they sided with the State.

The Ruling: In State v. Adkins, the Florida Supreme Court upheld the constitutionality of Florida Statute 893.101. They ruled that the State does NOT have to prove you knew the illicit nature of the substance to convict you.

The “Affirmative Defense” Trap So, is the mailman automatically guilty? Not quite, but the rules are tricky. The law now says that “Lack of Knowledge” is an Affirmative Defense.

• Old Way: The State had to prove you knew. (Hard for them).
• Current Way (2026): The State just proves you had the drugs. YOU then have to prove to the jury that you didn’t know what they were.

Why this matters: This shifts the burden of proof. If you are caught with a baggie that isn’t yours, or a package you didn’t open, you are presumed guilty until you convince the jury otherwise.

• If the jury doesn’t believe your story? Conviction.

My Strategy: In 2026, we fight these cases by attacking the “Constructive Possession” element (proving you didn’t have control) and by aggressively presenting the “Lack of Knowledge” affirmative defense with evidence (texts, witnesses, context) to show you were truly unaware.

Call me at (407) 423-1117. Let’s prove you didn’t know.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.