What is the defense of mistake of fact?
California, United States of America
The following excerpt is from People v. McMichael, B266716 (Cal. App. 2016):
The defense of mistake of fact may be applied when a defendant has "an actual belief 'in the existence of circumstances, which, if true, would make the act with which the person is charged an innocent act . . . .' [Citations.]" (People v. Lawson (2013) 215 Cal.App.4th 108, 115.)
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