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What Is a Mistake of Fact in A Criminal Case?


A criminal defendant may argue in their case that they never intended to commit a crime and that the criminal act that occurred was truly a mistake of fact or a mistake of the law. Mistakes of fact and mistakes of law are different and can be explained to you by your criminal defense lawyer. A mistake of fact arises when a criminal defendant misunderstood some fact that would negate the element of the crime. If a person was accused of larceny, for example, but believed that the property he or she removed was rightfully their own, this could negate any intent to deprive another person of the property which is a legally required element to pursue criminal charges against such an individual.

An important qualification for mistakes of fact is that this mistake must be reasonable as well as honest. The mistake must be one that would appear reasonable to a jury or a judge. If the person who alleges that the property was taken, told the accused person repeatedly that the property was not his to take and that he could not take it, it would not be a mistake of fact to pursue this as a criminal defense strategy.

You need to walk through all elements of your criminal defense strategy as soon as possible after you have been accused to give you the best possible chance to identify the strategy that help to support your freedom and avoid a criminal conviction. The right criminal defense lawyer is the most important asset you will have at your side as you move forward through your criminal case and consulting with one sooner than later gives you the most possible chances to walk away without having to deal with a conviction or any of the other negative aspects of a criminal case.

Knowing the facts and the grounds to fight back when you’ve been accused of a crime can help you avoid time in jail and other consequences of these allegations. Knowing when a mistake of fact has been made can supplement your criminal defense strategy in Sacramento in a big way.

By : admin | January 29, 2018 | Criminal Defense

Should I Appeal My Criminal Court Conviction?

learn more about filing an appeal

If you have recently been convicted of a crime in Sacramento, there’s no doubt that you are curious about your rights and wondering whether or not you should proceed by filing an appeal. If you find yourself in this situation, you should never be alone. Consulting with the right criminal defense attorney can be a significant asset towards protecting your rights and giving you the peace of mind that someone is working hard on your behalf to overturn the original decision on appeal.

You may be eligible to appeal your case if mistakes were made at the lower level that compromised your case, such as having a defense lawyer that failed to act with competence, a prosecutor acting unethically, the judges making a bad ruling or the jury issuing the wrong verdict. An appeal is not a brand new trial before higher court; instead it is a limited review of convictions previously handed down. The appellate court does not retry the case, accept new evidence or take testimony from witnesses.

The appellate court instead reviews the proceeding from the lower court as well as the judicial ruling to identify whether or not legal errors were present that substantially impacted either party’s rights. The individual who chooses to move forward with the appeal is known as the appellant. How you chose to proceed with an appeals case depends on whether or not you were charged with a federal crime. After you have been convicted at a jury trial or a bench trial in the California Superior Court, you maintain the right to appeal that conviction, but you need to take action sooner rather than later to increase your chances of success. You must file an appeal no later than 60 days after the trial court judgement.

Having a seasoned California appeals lawyer can make the difference between pursuing an appeal successfully or having to cope with the consequences of a conviction. If you have already been convicted of a crime in Sacramento, you cannot afford to wait and should instead retain an experienced criminal defense attorney immediately.


By : admin | January 2, 2018 | Criminal Defense