![blank](https://nccriminallaw.sog.unc.edu/wp-content/uploads/2022/12/Jessica-Smith-Headshot-1-150x150.jpg)
Mistake of Fact: A Negating Defense
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