Mistake of Fact: A Negating Defense

Published for NC Criminal Law on December 10, 2010.

When a defendant introduces evidence at trial showing that the State has failed to prove some element of the crime, the strategy is sometimes described as a failure of proof or “negating” defense. Mistake of fact is one such negating defense. Mistake of fact offers a defense if it negates a mental state required to ... Read more

The post Mistake of Fact: A Negating Defense appeared first on North Carolina Criminal Law.