Arizona Jury Instruction - RICO - Conspiracy Offense
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FAQ
Mistakes of fact arise when a criminal defendant misunderstood some fact that negates an element of the crime. For instance, if an individual is charged with larceny but believed that the property he took was rightfully his, this misunderstanding negates any intent to deprive another of the property.
Section 8.02 - Mistake of Fact (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
Mistake of Law. (a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
Mistake of fact is an affirmative defense. Rather than denying that you committed a crime, you argue that your actions are excusable because you were mistaken about an important fact relevant to the offense. This mistake makes it impossible for you to have had the required intent to commit a crime.
You must decide whether the conspiracy charged in the indictment existed, and, if it did, who at least some of its members were. If you find that the conspiracy charged did not exist, then you must return a not guilty verdict, even though you may find that some other conspiracy existed.
Mistake of fact, on the other hand, refers to a legal defense where someone who was accused of a crime shows that: They did not have the intent to commit an offense, and. This is factual because they misunderstood a particular fact.