In criminal law, an "error of fact" may be used as a legal defense, while a "mistake of law" is not. What is the distinction? And can you utilize this strategy to defend yourself against the criminal accusations you've been charged with? Continue reading for solutions to these and other questions. Then call Michael L. Fell at Law Office of Michael L. Fell at (949) 585-9055 to book a free legal consultation and learn more about your case.

What does "mistake of law" mean in legal terms?

Simply put, a mistake of law occurs when someone admits to committing a crime and then claims that they were unaware that it was illegal. This isn't an adequate defense. The court thinks that the typical individual is aware of the law, and that claiming ignorance is not a legitimate defense to their allegations.

There are certain exceptions to the rule of "mistake of law"

A mistake of law may be a legitimate criminal defense in a few limited circumstances. The defendant, on the other hand, is now in an affirmative defense position, which means they must establish their defense with evidence. Take, for example, a tax fraud case in which the perpetrator was really unaware of key reporting obligations. Because of the complexities of these instances, alleging a legal error may be a viable legal defense.

In cases when there has been a failure to act, the term "mistake of law" may be used

Another effective application of mistake of law is in offenses involving failure to act. Getting on the sex offender registry is a good example. If a person is obliged to do so but fails to do so, the offender may be held criminally accountable - but only if they are aware of the requirement. If the state cannot establish that they were aware that they were needed to register, the state's case may be lost.

Cases of conspiracy can be an exception to the rule of law

If the defendant is charged with conspiracy, courts in some jurisdictions have permitted error of law to be utilized. Associating with someone who intend to do anything unlawful is a form of white collar crime. The courts in issue have concluded that if the accused did not have real knowledge that the conspiracy's goal was illegal, they cannot be found guilty.

We can help you choose the most effective defense for your case

While ignorance is rarely a legitimate defense for criminal charges, we can assist you in determining the best defense strategy. For a free consultation, call Law Office of Michael L. Fell at (949) 585-9055. We will review your case and inform you of your options. We're ready to fight for you right now — give us a call and we'll get started.