Mistake Of Fact - Criminal Defense

Mistake of fact may sometimes be used as a defense to lessen or eliminate the element of mens rea in a crime.2 min read

Mistake Of Fact: Criminal Law Basics

Mistake Of Fact

Mistake of fact may sometimes be used as a defense to lessen or eliminate the element of mens rea in a crime. Unlike mistake of law, in which the defendant does not realize she is committing a crime because she's unaware of the law that criminalizes the action, a mistake of fact involves genuine ignorance of one or more material factors involved in the crime itself. In cases of liability without fault & strict liability, where mens rea is not a factor, a mistake of fact cannot generally be used in trial; however, in conventional cases it can be a very helpful defense.

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