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Criminal Defense Strategies: The Mistake Factor

In certain criminal cases, it may be an option to argue that there was a mistake of fact or mistake of law. Utilization of the mistake defense requires the defendant’s attorney to argue that the defendant made a mistake that thereby negates an element of the crime. For example, a criminal defense attorney in Lebanon, TN presenting a defense for a theft case might argue that the defendant truly believed that her or his actions were legal, that she or he thought the property belonged to them or that the legal owner had given it to them. While this can be a defense strategy option, it is used rarely, only in special circumstances.


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