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Charge: Assault - State claimed client hit victim with a telephone and broke victim’s nose. However, the client was acting in self-defense.


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Innocent Mistakes

There are certain circumstances in which a crime can be committed without any ill-intent, resulting from a simple mistake in which the perpetrator was unaware that a crime was taking place. Simply calling an illegal action a mistake, however, is not enough for it to be forgiven, as laws are a matter of public record and citizens have a duty to be aware of the limitations and regulations that affect them.

If you have been charged with a crime which you were unaware you were committing, a skilled attorney may be able to demonstrate in court that you were not liable for your actions. Call an experienced Houston criminal defense lawyer of the Johnson, Johnson & Baer Law Firm, P.C., today at 713-523-0404 to learn more about how we may be able to defend you.

Law vs. Fact

There are two categories of mistakes from a legal standpoint, with each having a different affect regarding liability and punishment. A mistake of law is a claim of that someone did not know that a law existed or that they were breaking a law and cannot be used as a criminal defense.

Mistakes of fact, on the other hand, may be used as an effective defense against liability for an illegal action in certain circumstances. If you commit an act unknowingly, or with every reason to believe that the act was legal, a skilled attorney may be able to prevent you from being subjected to punishment for the action by effectively demonstrating that you were acting in good faith and belief of lawfulness. However, it is important to note that this is typically only applicable in specific intent crimes, such as theft.

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If you have been accused of committing an illegal act which you had reasonable cause to believe was within the bounds of the law, an experienced Houston criminal defense attorney from the Johnson, Johnson & Baer Law Firm, P.C., may be able to effectively demonstrate that this mistake of fact is cause to waive your liability. Call today at 713-523-0404 to find out how our legal team can help you.