Accident or Mistake Defense: How Your Las Vegas Criminal Defense Attorney Can Use It to Defend Your Case

In Nevada, the legal concept of criminal intent plays a crucial role in determining whether a defendant can be found guilty of a crime. For many criminal charges, the prosecution must prove not only that a criminal act occurred but also that the defendant had the requisite intent to commit the offense. This means that in cases where a defendant acted by accident or mistake, or without criminal intent, a strong defense can be built around the lack of intent, potentially leading to the dismissal of charges or an acquittal at trial.

At Hofland & Tomsheck, nationally board-certified criminal defense attorney Josh Tomsheck has extensive experience using the defense of accident, mistake, or lack of intent to protect clients accused of serious crimes. If you are facing criminal charges and believe your actions were unintentional or accidental, an experienced attorney can work to prove that you did not have the necessary intent to be found guilty of the alleged crime.

Understanding Criminal Intent in Nevada

Criminal intent, often referred to as “mens rea,” is a fundamental element in many Nevada criminal charges. Mens rea refers to the defendant’s state of mind at the time the alleged crime was committed. In order to secure a conviction, the prosecution must typically prove that the defendant acted intentionally, willfully, or knowingly in committing the crime. In cases where the defendant’s actions were accidental or mistaken, the prosecution’s burden becomes much more difficult to meet.

For example, crimes such as burglary, batteryhttps://www.lvnvlawfirm.com/nevada-crimes-by-name/credit-card-fraud-nrs-205-760/, and fraud typically require the prosecution to demonstrate that the defendant had a specific intent to intended to deprive someone of property, cause harm, or deceive another person. Without proving intent, the charges cannot stand.

When a defense attorney demonstrates that the defendant did not have the requisite intent—whether due to accident, mistake, or another valid reason—it can result in a favorable outcome for the defense.

Accident or Mistake: No Criminal Intent

In many cases, an accident or mistake can serve as a complete defense to criminal charges in Nevada. If it can be shown that the defendant’s actions were unintentional and that they did not have any criminal intent, the charges may be reduced, dismissed, or lead to an acquittal at trial.

For example, consider a common shoplifting charge. Imagine a person is shopping in a store and, while distracted, accidentally places an item in their bag or forgets to pay for an item left in their cart. They exit the store without realizing they still have the item, fully intending to pay for it. In this case, the defense could argue that the taking was accidental and lacked the necessary criminal intent to commit theft under Nevada law. The accused did not intentionally steal the item, and as such, they cannot be convicted of the crime.

Another example involves a person accused of assault or battery who claims they acted by mistake or in self-defense. In this scenario, the accused may argue that they accidentally made contact with another person, without intending to cause harm, or that they were acting in response to a perceived threat. The defense can demonstrate that the defendant’s actions were the result of a misunderstanding or mistake, and therefore, no criminal intent existed.

Legal Criteria for Using an Accident or Mistake Defense

In Nevada, the use of an accident or mistake defense requires meeting specific legal criteria. A criminal defense attorney must carefully review the facts of the case and determine whether the defendant’s actions were truly accidental or resulted from a misunderstanding.

In order to assert an accident or mistake defense, the defendant must demonstrate that:

1. They did not have the intent to commit the alleged crime: The defendant must show that their actions were not done with the purpose of committing a crime. This is often the most critical aspect of the defense.
2. Their actions were unintentional or the result of a mistake: The defendant’s actions must have been accidental, such as an inadvertent taking, an unintentional touching, or a misunderstanding of the situation.
3. The accident or mistake was reasonable under the circumstances: The defendant must show that their actions were consistent with what a reasonable person would have done in a similar situation.
4. The act itself was not inherently criminal: The defendant must demonstrate that the act they committed, while accidental, was not a crime in and of itself. For example, accidentally leaving a store without paying for an item does not amount to theft if there was no intent to steal.

If these criteria can be established, the defense can argue that the defendant should not be held criminally liable for their actions.

Proving an Accident or Mistake Defense in Court

When presenting an accident or mistake defense, a criminal defense attorney will work to gather evidence that supports the claim of no criminal intent. This often includes:

• Testimony from the defendant: The defendant’s own testimony can be crucial in explaining the events that led to the alleged crime and establishing that they had no intention to break the law.
• Witness statements: If there were witnesses to the event, their testimony can be used to corroborate the defendant’s account and demonstrate that the defendant’s actions were accidental or the result of a mistake.
• Surveillance footage or other documentation: In cases involving theft or assault, surveillance footage, receipts, or other documentation can be used to show that the defendant did not intend to commit the crime. For example, video footage may capture the defendant shopping normally and accidentally forgetting to pay for an item.
• Character evidence: The defense may also introduce evidence of the defendant’s good character to show that they are not the type of person who would intentionally commit a crime.

By carefully presenting this evidence, the defense can demonstrate to the court that the defendant’s actions were unintentional and should not be punished under Nevada criminal law.

Why Choose Josh Tomsheck for Your Accident or Mistake Defense?

Josh Tomsheck is a nationally board-certified criminal defense attorney with extensive experience defending clients in Las Vegas and throughout Nevada. He understands the complexities of criminal law and how to effectively use defenses such as accident, mistake, or lack of intent to secure favorable outcomes for his clients.

With his deep knowledge of Nevada law and his dedication to protecting his clients’ rights, Josh Tomsheck has successfully defended numerous clients who were wrongfully accused of crimes they did not intend to commit. If you have been charged with a crime and believe that your actions were accidental or that you made a mistake, Josh Tomsheck can help build a strong defense on your behalf.

Contact Hofland & Tomsheck Today for a Free Consultation

If you have been charged with a crime in Las Vegas and believe that an accident or mistake led to your charges, don’t hesitate to contact Josh Tomsheck at Hofland & Tomsheck. You need a skilled and experienced criminal defense attorney who can help you navigate the legal system and fight for your rights.

Call us today to schedule a free consultation and discuss your case. We will work tirelessly to build the strongest defense possible and help you achieve the best outcome for your situation.

Serious Defense for Serious Charges