What Is an Example of a Mistake of Fact Defense?
The concept of mistake of fact can be very complicated. Here’s an example that may help. Suppose you are working in a library and you brought a laptop with you. When you leave, you take someone else’s laptop, honestly believing it is yours. You have made a mistake of fact: you thought the laptop was yours, but it isn’t. This mistake negates the intent to the “deprive permanently” element of theft. This mistake also is an honest, reasonable mistake. So, you have a defense to theft charges in this example. What Is a Mistake of Law? A mistake of law is where you are mistaken or ignorant about the law. For example, if you believe that you don’t have to come to a complete stop at a “Stop” sign when there are no other cars at the intersection, you have made a mistake of law. Whether there are cars or not, you must come to a complete stop. In almost every case, you will not be allowed to argue that you didn’t know or misunderstood the law. That is, it won’t be a defense. When Can a Mistake of
