Mistake of Fact vs. Mistake of Law for Criminal Charges?

 Posted on May 23, 2025 in Criminal Defense

A strict liability crime is one in which a defendant is held legally responsible for his or her actions regardless of whether the behavior was intentional or negligent. Strict liability means intent does not matter and only applies to certain crimes.

In criminal law, possession crimes and statutory rape are examples of strict liability crimes, while assault and certain other crimes require intent. If a criminal offense does not fall under strict liability, then there may be two "mistakes" that can qualify as a legal defense. These are mistakes of fact and mistakes of law.

Many criminal offenses that require the element of intent could potentially involve a mistake of fact or a mistake of law. To be found guilty in a criminal court of law, the prosecution must prove every element of the crime charged beyond a reasonable doubt.  

If you have been charged with a crime like assault, which requires the element of intent, your attorney may argue a mistake of fact or a mistake of law in an attempt to have the charges dismissed.

If the prosecutor is unable to prove you have the mental state necessary for the crime you are charged with, then one of these legal defenses could result in the charges being dropped. A Northern Baltimore County, MD criminal defense lawyer can help you determine the best defense for your charges.  

What is a Mistake of Fact Defense?

When a defendant asserts a mistake of fact defense, he or she is asserting that there was no intent to commit the crime because of a misunderstanding of a fact at the time the crime was committed. This misunderstanding negates an element of the crime (intent), and if intent did not exist, then the crime cannot be proven.

For example, suppose two adult men are engaged in a mutually agreed-upon fight. If one of the men is charged with assault, then the mistake of fact defense applies because there was no intent to assault the other person.  

If a defendant is charged with theft of a down jacket but can show that the jacket looks very similar to one he or she owns, which was in the same area, then this could fall under a mistake of fact. The mistake of fact defense is only available when the mistake is both reasonable and honest.

 A defendant cannot claim a mistake of fact defense if he or she is fully aware of the crime being committed at the time. Intoxication is not typically a mistake of fact defense since becoming intoxicated is generally deliberate.

What is a Mistake of Law Defense?

The mistake of law defense is similar to a mistake of fact. However, the defendant asserts that he or she did not have the mental state required to commit the crime charged because there was a misunderstanding of the law.

Mistake of law is not an easy defense to assert, primarily because one of the prime tenets of criminal law is that ignorance of the law is not a defense. This means that when pulled over for driving 35 mph over the speed limit, it is not a defense to say, "I didn’t see a speed limit sign."

However, if a local ordinance has recently been changed, it could be reasonable to assert a mistake of law defense because there was an actual honest mistake. A person asserting a mistake of law defense must be able to honestly show that he or she was mistaken as to the law because:

• The defendant was relying on a judicial decision that was later overturned.
• The defendant was relying on an interpretation of the law given to him or her by a public servant.
• The defendant relied on a statute published online that was later rewritten or overturned.
• The defendant was unaware of a new law that had not been published.

Contact a Harford County, MD Criminal Defense Lawyer

If you believe your criminal charges could qualify for a mistake of fact or mistake of law defense, discuss the issue with a Northern Baltimore County, MD criminal defense attorney from Baltimore Legal Services. Our attorneys have helped more than 10,000 clients achieve positive outcomes to their charges and are available 24/7. Call 858-523-8423 to schedule your free consultation.