You probably learned that ignorance of the law is not a valid excuse for breaking the law. Imagine if everyone could avoid speeding tickets just by saying that they did not know what the speed limit was on the road where the police pulled them over, or if they could avoid drug charges by arguing that they did not know that you can only buy oxycodone legally if you have a prescription for it. However, it is sometimes possible to be acquitted of criminal charges by saying, “I didn’t know,” but whether this defense will work depends on what you did not know and whether the jury is sure you did not know it. A mistake of fact defense is where you claim that you acted without criminal intent because of a mistaken assumption about the circumstances of your actions.
A Texas criminal defense lawyer can help you decide whether the mistake of fact defense should be part of your defense strategy in your criminal defense case.
What Are Mistakes of Fact Defenses?
A mistake of fact defense is an affirmative defense, which means that you are admitting that your actions partially match the definition of the crime. For example, suppose that you are being accused of embezzlement because the prosecution alleges that you withdrew money from your employer’s bank account without your employer’s consent. If you use the mistake of fact defense, you can say that you withdrew the money, but you reasonably believed that the employer wanted you to withdraw it. For this defense to be successful, you must show that this was a reasonable mistake. No one will believe you that your employer told you to use the business account to buy poker chips at a casino, but if you argue that the transaction you made was similar to ones the employer had previously told you to make, such as reimbursing yourself for transportation to a work-related event, your defense might be successful.
The Reasonable Mistake of Age Defense Does Not Work in Texas
In some jurisdictions, defendants can use the mistake of fact defense in cases related to statutory indecent assault or lewd and lascivious behavior with a minor by claiming that they reasonably believed that the minor was an adult; in other words, it is the “I thought she was 18” defense. This defense does not work in Texas. Texas law assumes that teenagers lying about their age in order to pursue romantic relationships with older partners is a common enough scenario that no one should be sure that the young woman he is going on a date with is 18 until he sees her driver’s license, voter registration card, or other proof of age.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you formulate an appropriate defense for your case, including but not limited to mistake of fact defenses. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.