There are times when a person’s religious beliefs may not be in line with the law. In most cases, the beliefs do not take precedent over the law and a person cannot use religious beliefs as a defense against criminal charges. If the state or federal government has deemed an activity illegal then it is illegal. However, is true with many laws, there are exceptions.
Keep reading to find out more about a few of the state and federal law exemptions that may make it possible for your religion to be a valid defense against your criminal charges. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation to find out more about your options.
Exceptions to state law
In some states, there religious exceptions to criminal laws. One example is Oregon, which allows for a person to use religious beliefs as a defense if a person is found possessing peyote, though note that religion cannot be used as a defense against other drug crimes. In Illinois, if a person gives alcohol to a minor during a religious ceremony, then they cannot be convicted of doing so.
In other states, there are rules about faith-based medical treatment – or the lack there. Generally, it is illegal to withhold medically necessary health care to a person who is under your care but if the caregiver and person under their care are Christian Scientists, who don’t believe in using any medical care, then religion could be a valid criminal defense.
Exceptions to federal law
The United States Constitution also creates religious exceptions to criminal laws. For example, one Amish community were convicted in their state for not abiding by a state law that required their children to go to school until they were 16 years old. The parents’ religious beliefs conflicted with that rule and the U.S. Supreme Court found that the convictions did violate the religious freedoms of the parents.
A federal law known as the Religious Freedom Restoration Act applies to federal laws involving the practice of religion. It can come into play in certain situations when a person has been charged with a federal crime. Cases in which this Act is relevant are almost always cases involving the religious use of a federally controlled substance.
The bottom line: Can you use religious as a defense?
It is likely that using your religious beliefs as your defense is not going to be the best option. However, there are always other options. If you have been charged with a crime or have reason to believe that you are about to be then we urge you to contact Law Office of Michael L. Fell at (949) 585-9055 as soon as possible. We will consider all the available defense options, including religious beliefs, and present them to you. The best way to find out what to expect is to call us now for a personalized consultation.