Can Mistake of Fact Be Used as a Defense?
A mistake of fact is a key legal defense in criminal cases, showing the defendant lacked criminal intent due to a misunderstanding of a fact. Both mistake of fact and mistake of law are important defenses a defendant can use to contest charges.
These defenses rely on the idea that the defendant acted sincerely in an honest mistake, meaning they did not possess the necessary mental state, or "mens rea."
In simple terms, a mistake of fact defense involves the defendant asserting they lacked the intent to commit the crime because they misunderstood a specific fact.
Similarly, a mistake of law defense arises when the defendant demonstrates they lacked the necessary mental state to commit an offense due to a misinterpretation of the law.
A defendant may raise these defenses in both misdemeanor and felony cases, but only if the mistake was reasonable and made in good faith, which is essential for the defense's success.
How is a Mistake of Fact Different?
While a mistake-of-law defense involves misunderstanding the law, which is often hard to prove, a mistake of fact involves misunderstanding a specific fact, making it more applicable in certain cases and easier to defend.
This example involves a misunderstanding of state law. Imagine someone planning to grow and sell marijuana, believing a hypothetical state statute that they don't need a license to sell marijuana is correct, when in fact, they do need one.
Under this law, selling marijuana without a license constitutes a criminal offense. He is then charged with criminal conspiracy to sell marijuana illegally. A mistake-of-law defense might be useful here, as he did not believe he was engaging in any illegal activity.
A mistake of fact, in contrast, is a legal defense where the accused demonstrates that:
- They did not intend to commit any offense, and
- This is factual because they misinterpreted a specific fact.
As mentioned, this defense is valid only if the defendant's mistake was both reasonable and honest.
California Criminal Jury Instructions
When a jury hears a case, it receives instructions regarding the law and its responsibilities as jurors. The California jury instruction for a mistake of fact defense is CALCRIM 3406, which states that:
- The defendant is not guilty if they lacked the necessary intent or mental state to commit the crime, because they reasonably did not know or mistakenly believed a fact.
- The instruction also specifies that "if the defendant's conduct was lawful based on their reasonable belief of the facts, then they did not commit the alleged crime."
This instruction applies only when evidence is presented at trial to show that the defendant had a mistake of fact. The jury must decide whether the defendant's belief about a specific fact was reasonable, given the facts and circumstances. If the jury finds the belief reasonable, the defendant can be properly acquitted.
Mistake of Fact Defense in Strict Liability Cases
Mistakes of fact or law cannot be used as defenses in strict liability cases. These crimes do not depend on the defendant's mental state; the prosecutor needs only to prove that the defendant committed the unlawful act.
A common example is driving under the influence (DUI). If someone drives with a blood alcohol concentration of .08 or above, they can be convicted of DUI. It doesn't matter whether the person thinks they are sober or if their blood alcohol level isn't high enough to be guilty.
Simply having enough alcohol in the bloodstream at the time of driving is sufficient for a DUI conviction.
A mistake of fact is often relevant in rape cases where the accused claims the victim consented. In such cases, you must demonstrate that you had a genuine and reasonable belief that the other person voluntarily agreed to sex.
This can be difficult and typically involves showing that the victim acted in a manner indicating consent. For instance, if the victim allowed fondling and there was a conversation about having sex, you might reasonably believe she consented to sexual intercourse, even without a clear agreement.
Challenge the Criminal Intent
Mistake of fact and mistake of law defenses can be used to challenge a person's criminal intent only if proving intent is essential to a conviction. If you are charged with a crime, we may be able to negotiate with the District Attorney's Office for reduced charges or even have the case dismissed.
It might also be possible to avoid the formal filing of criminal charges in the first place by negotiating with law enforcement and the prosecuting agency. This process is commonly known as prefiling intervention, and a "DA reject."
Cron, Israels & Stark is located in Los Angeles County and serves clients throughout Southern California. Feel free to contact us for an initial consultation or to submit our contact form.
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