criminal law · defense
A mistake of law occurs when an individual has a false belief about the legal consequences of their actions, which does not excuse them from criminal liability. Unlike a mistake of fact, which may absolve some liability, a mistake of law typically does not negate the element of mens rea needed for a crime.
There must be a law that is applicable to the individual's conduct in question.
What to prove: It must be shown that the defendant was aware of a legal rule and believed it to be valid.
The individual relied on an official statement of law or interpretation thereof, which led to their misinterpretation.
What to prove: Prove that the defendant acted based on a reasonable and good faith reliance on the information provided by a legal authority.
The defendant must have intended to comply with the law as they understood it.
What to prove: Demonstrate that the individual acted with the intention of following the law, despite the misunderstanding.
The defendant bears the burden of proof to establish the elements of the mistake of law by a preponderance of the evidence.
Be prepared to differentiate between mistake of law and mistake of fact, as well as discuss the limited circumstances under which a mistake of law may be accepted.