What is the test for a defense of accident or misfortune?
California, United States of America
The following excerpt is from People v. Lopez, 2d Crim. No. B258504 (Cal. App. 2015):
Appellant argues that the trial court erred in denying his request to instruct on accident or misfortune. ( 26; CALCRIM 3404.) The defense of accident or misfortune "amounts to a claim that the defendant acted without forming the mental state necessary to make his or her actions a crime. [Citations.]" (People v. Lara (1996) 44
Page 8
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the defense of accident or misfortune in a motor vehicle accident case? (California, United States of America)
What is the test for the defense to argue that a charged offence was committed through misfortune or by accident? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
What is the accident defense in a motor vehicle accident case? (California, United States of America)
What is the defense of unavoidable accident in motor vehicle accidents? (California, United States of America)
What is the accident defense in motor vehicle accidents? (California, United States of America)
What is the accident defense in a motor vehicle accident case? (California, United States of America)
What is the defense of accident or misfortune? (California, United States of America)
What is the test for a defense of accident and misfortune? (California, United States of America)
Is a mistake-of-fact defense defense defense harmless? (California, United States of America)
