Is a mistake of certainty a defense to criminal liability?
Answers:
It can be (since it goes to intent); can you provide a specific fact template?
You see it most in trespass, theft, and transactions.
But the burden is on the D to provide evidence of his mistake within fact.
EDIT: High five to Scott for a great in depth explanation
I am currently involved within a pro bono trespass case; in which the defendent cliams he thought the property (he bulldozed) belonged to someone else. So the prosecutor is loathe to profile criminal trespass until we find some evidence he knew differently. (even though he lived across the street for 14 years) Source(s): lawyer former believe to be
It can be, but it depends on the criminal charge. You can be guilty of some crimes simply by engaging in an flurry. For example, speeding. Even if you are unaware you are doing it, you have committed a ruin. Other violations require "mens rea" or state-of-mind. You can not commit this violation unless you 'knowingly' ...
Also, be sure you know exactly what a mistake of reality is as opposed to a mistake of law. Not knowing something is not permitted is not a mistake of fact, but of law. Taking a coat from a coat rack that you in actual fact thought was your coat, but turned out to be someone else's very similar coat, is a mistake of certainty.
Thinking the substance you are holding is oregano may be a mistake of fact, but is not a defense to a possession of Marijuana charge as no state of mind is needed for a possession charge.
Related Questions: