A criminal defendant can make two types of mistake: a mistake of law or a mistake of fact. In most instances, only a mistake of fact can serve as a defense to a criminal charge, but there are certain cases where mistakes of law may be used as a defense. Read on to learn the differences between mistakes of fact and law.
What are Mistakes of Fact?
Mistakes of fact are just that: errors pertaining to facts in the case. For instance, a case of mistaken identity can be a mistake of fact, which can serve as a legitimate defense.
When Can Mistakes of Fact be Used as a Legitimate Defense?
Mistakes of fact are only usable as a defense if they negate an element in the criminal case. The government must prove certain elements to get a criminal conviction, and if a mistake of fact eliminates one of those elements, the conviction will not occur. In addition, the error must be an honest and reasonable mistake.
Mistakes of Law
Mistakes of law occur when someone is ignorant or mistaken about a law. For instance, if a person believes that it’s not necessary to come to a full stop at a traffic sign, a mistake of law has occurred. Every driver knows that they must stop at all stop signs regardless of traffic levels, and in most cases ignorance of the law can’t be used as a defense.
When Mistakes of Law Can be Used as Legal Defenses
There are extremely limited circumstances where mistakes of law can be used as a defense by a Criminal Law Attorney Mattoon IL. Those circumstances include:
* When the law isn’t published
* When a statute is later overturned or determined to be unconstitutional
* When the defendant relied on judicial decisions
* When the defendant relied on interpretation by law enforcement personnel
In most areas, a person’s reliance on any of these factors should be reasonable. If a case is in the appeals phase, it’s not reasonable to rely on decisions reached up to that point. Moreover, relying on a lawyer’s interpretation of the law isn’t a defense.
Do Defendants Need an Attorney?
If a person is facing charges, they should consult a Criminal Law Attorney Mattoon IL right away. A local defense lawyer with Britton Law Offices LLC can advise the client of their rights and possible defenses and they can help to clarify various legal issues.
