The difference between mistake of fact and mistake of law is often subtle, and courts vary in how they handle such mistakes. If you have been arrested or charged, you should talk to a qualified attorney in your area to find out how the law applies to the facts of your case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Meet the Editors. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case.
Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. It is also important to note that, while reliance on an interpretation of an official may include judges or federal or state agencies, it does not include reliance on the statements of a private attorney. It is therefore important to ensure that any attorney from whom you obtain advice is knowledgeable and trustworthy.
Last reviewed October Criminal Law Contents. The Criminal Defense of Mistake In many situations, a criminal defendant may wish to argue that he or she never intended to commit a crime and that the criminal act that occurred was a result of a mistake of facts regarding the circumstances of the crime or a misunderstanding concerning the law at the time. Mistakes of Fact Mistakes of fact arise when a criminal defendant misunderstood some fact that negates an element of the crime.
Ignorance of the law is very rarely a defense. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims. Receiving Immunity for Testimony in a Criminal Case.
Classification of Criminal Offenses. Abandonment Defense in Criminal Cases. Consent Defense in Criminal Cases. Entrapment Defense in Criminal Cases.
Insanity Defense in Criminal Cases. Intoxication Defense in Criminal Cases. Necessity Defense in Criminal Cases. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Here are a few examples that will hopefully clarify the distinction.
Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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