What is Mistake of Fact in Criminal Law?

A great criminal attorney will pursue every avenue in aggressively defending you against a crime.  Mistake of Fact is a term used in criminal defense that you may not be aware of.  This term refers to a criminal defense that attempts to limit criminal liability on the ground that the defendant operated based on an incorrect assumption of fact rather than a criminal purpose.

Under normal conditions the mistake that the defendant made must be reasonable.  In order to be able to use Mistake of Fact as a defense understand that the mistake that the defendant made must have been one that an ordinary person would have made under the circumstances.  However, in some jurisdictions the Mistake of Fact defense has a broad interpretation of “reasonable”.

If you or a loved one is accused of committing a crime in the San Jose CA area you need every advantage at your disposal.  Count on the 35+ years of expertise that Attorney William Chestnut has brought to serving those facing criminal charges in California.  Make an appointment to visit him for a consultation at his office located at 1010 W. Taylor St. in San Jose by calling (408) 298-6990.