Mistake of Fact Defense in Nevada: How Las Vegas Criminal Defense Attorney Josh Tomsheck Can Help

When facing criminal charges, there are various defenses that can be raised depending on the circumstances of the case. One of the most commonly misunderstood yet powerful defenses is the mistake of fact defense. This defense asserts that the defendant made an honest and reasonable mistake about a key fact, which negates the intent required to commit the crime. In essence, the defendant did not have the mental state necessary to commit the alleged crime due to a misunderstanding or misinterpretation of the facts.

For those accused of crimes in Las Vegas and throughout Nevada, raising a mistake of fact defense can sometimes result in the dismissal of charges or a reduction in penalties. It is crucial to work with an experienced criminal defense attorney to determine whether this defense is appropriate for your case. Josh Tomsheck, a Nationally Board-Certified Criminal Lawyer at Hofland & Tomsheck, has successfully used mistake of fact defenses to protect his clients from wrongful convictions.

What is a Mistake of Fact?

A mistake of fact occurs when a person engages in certain conduct under a misunderstanding or misinterpretation of a key fact, which prevents them from having the intent to commit the crime. The mistake must be both honest and reasonable to serve as a defense. It is important to note that not all mistakes can serve as a valid defense. The mistake must involve a fundamental fact central to the offense, and it must negate the required criminal intent.

The mistake of fact defense is typically used in cases where the accused mistakenly believed that their actions were lawful or that the situation was different from how it appeared. If the mistake was reasonable under the circumstances, and it directly impacts the accused’s intent to commit the crime, the defense can be effective.

How the Mistake of Fact Defense Works in Nevada

In Nevada, most criminal offenses require the prosecution to prove that the defendant acted with a specific mental state, such as intent, knowledge, or recklessness. If the defendant can demonstrate that they made an honest and reasonable mistake about a fact that would negate the required mental state, they may not be held criminally responsible for the alleged offense.

For example, let’s say an individual picks up an umbrella from a public coat rack, mistakenly believing it is their own. If that individual is later accused of theft, they can raise the mistake of fact defense, arguing that they did not have the intent to steal someone else’s property because they genuinely believed it was their own.

The key to a successful mistake of fact defense is that the mistake must be both honest and reasonable. If the mistake was unreasonable under the circumstances or was made in bad faith, the defense will not hold up in court. Additionally, the mistake must directly relate to a fact that is central to the alleged crime. For instance, a mistake about a minor detail, such as the time of day, will not typically serve as a defense to most criminal charges.

Examples of the Mistake of Fact Defense in Criminal Cases

The mistake of fact defense can apply in a wide range of criminal cases, from theft to drug possession and beyond. Below are a few examples of how this defense can be used in different types of cases:

Theft
A common example of the mistake of fact defense involves theft charges. Suppose a person mistakenly takes someone else’s phone, believing it is their own because both phones look identical. In this case, the defendant can argue that they did not intend to steal the phone because they honestly believed it was theirs. If the court finds that the mistake was reasonable under the circumstances, the charges may be dismissed.

Drug Crimes
Another example involves drug possession charges. Let’s say a person is given a bag by a friend and is later found to be in possession of illegal drugs. If the individual genuinely believed that the bag only contained personal items or legal substances, they may raise the mistake of fact defense, arguing that they did not knowingly possess illegal drugs. If the court finds that the defendant’s belief was reasonable, the charges may not stand.

Assault or Battery (Violent Crimes)
In some cases, a mistake of fact defense can apply to violent crime charges like assault or battery. For instance, if a person mistakenly believes they are acting in self-defense because they misinterpreted the actions of another person, they may argue that they lacked the intent to commit assault. If the court finds that the mistake was reasonable given the circumstances, the defendant may be acquitted.

Requirements for a Successful Mistake of Fact Defense

For a mistake of fact defense to succeed, several elements must be established:

Honest Belief
The defendant must demonstrate that their belief about the fact in question was honest. This means that they genuinely believed they were not committing a crime based on their understanding of the situation.

Reasonableness
The defendant’s belief must also be reasonable. This means that a reasonable person in the same situation would likely have made the same mistake. If the mistake was highly unlikely or unreasonable, the defense may not hold up in court.

Negation of Criminal Intent
The mistake must directly negate the required criminal intent for the offense. If the crime requires intent, knowledge, or recklessness, the defendant must show that their mistaken belief prevented them from forming the necessary mental state to commit the crime.

Why You Need an Experienced Criminal Defense Attorney

Raising a mistake of fact defense in a criminal case requires careful legal analysis and strategic planning. An experienced criminal defense attorney will thoroughly investigate the facts of the case, gather evidence to support the mistake of fact defense, and present a compelling argument in court. Without the right legal representation, it can be difficult to convince the court that the mistake was honest and reasonable.

Josh Tomsheck is a highly experienced criminal defense attorney who has successfully raised the mistake of fact defense in numerous cases. As a Nationally Board-Certified Criminal Lawyer, Josh has the legal knowledge and trial experience needed to effectively challenge criminal charges and protect his clients’ rights. His background as a former Chief Deputy District Attorney also gives him unique insight into how prosecutors build their cases, allowing him to anticipate their strategies and mount an effective defense.

Contact Josh Tomsheck for a Free Consultation

If you have been charged with a crime in Nevada and believe that a mistake of fact defense may apply to your case, it is critical to seek legal representation as soon as possible. Josh Tomsheck at Hofland & Tomsheck has the experience and expertise to help you fight your charges and achieve the best possible outcome. He will carefully review the facts of your case, identify potential defenses, and build a strong legal strategy tailored to your specific situation.

Contact Josh Tomsheck today for a free consultation and take the first step toward defending your rights and protecting your future.