In most Texas cases, ignorance of the law will not help you as any kind of defense strategy. There are a few circumstances where we can use “mistake of law as a valid defense, but only in cases where you relied upon a written, official statement from an administrative agency, public official, or a court of record to guide your actions.

The “mistake of law” defense is covered by Texas Penal Code section 8.03

It’s also covered by Article I, Section 19 of the Texas Constitution, which prohibits the government from affirmatively misleading people about their procedural rights and then blaming them for not knowing better. 

There are a few similar defenses.

For example, the involuntary intoxication defense is a defense used when being drugged or tricked into taking an intoxicating substance and then commits a criminal act under the influence of that substance. This isn’t necessarily an easy defense to prove, but it does remain an option. 

There is also a defense for duress; if someone threatens your life or threatens violence against you and then forces you to commit a crime then the defense may work on your behalf. For example if someone puts a gun to your head and forces you to serve as the getaway driver in a robbery then you’ve got a pretty good defense against being charged as an accomplice in that robbery.

There are also several crimes where criminal intent, or “mens rea,” makes a difference. 

Many fraud and theft cases hinge on whether you had any intent to steal or defraud another person or party. Mistakenly leaving a store with something in the bottom of your shopping cart or making a mistake on a loan application are usually not enough to get you convicted of theft or fraud in Texas. In many cases your defense is the affirmative “mistake of fact” defense. In a mistake of fact defense, the actor must have formed a reasonable but mistaken belief about the situation at hand. 

You may have genuinely been unaware that you were breaking the law at the time that it happened, yet you will need to work with your defense attorney to come up with a better strategy for defending your criminal case.

You should also keep in mind that plenty of legal systems allow the state to use your ignorance of the law or your rights against you, whether to obtain a false confession or to obtain some other edge that can lead you to getting arrested or convicted.

No matter why you did what you did, your best bet is to assert your right to remain silent and then to reach out to our criminal law office to get help.

See also:

How to Exercise Your Right to Remain Silent After a Houston, TX Arrest

What Should You Do If There’s a Warrant Out For Your Arrest in Houston, TX?

How Does Bail Work in Houston, TX?

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In most Texas cases, ignorance of the law will not help you as any kind of defense strategy. There are a few circumstances where we can use “mistake of law as a valid defense, but only in cases where you relied upon a written, official statement from an administrative agency, public official, or a court of record to guide your actions.

The “mistake of law” defense is covered by Texas Penal Code section 8.03

It’s also covered by Article I, Section 19 of the Texas Constitution, which prohibits the government from affirmatively misleading people about their procedural rights and then blaming them for not knowing better. 

There are a few similar defenses.

For example, the involuntary intoxication defense is a defense used when being drugged or tricked into taking an intoxicating substance and then commits a criminal act under the influence of that substance. This isn’t necessarily an easy defense to prove, but it does remain an option. 

There is also a defense for duress; if someone threatens your life or threatens violence against you and then forces you to commit a crime then the defense may work on your behalf. For example if someone puts a gun to your head and forces you to serve as the getaway driver in a robbery then you’ve got a pretty good defense against being charged as an accomplice in that robbery.

There are also several crimes where criminal intent, or “mens rea,” makes a difference. 

Many fraud and theft cases hinge on whether you had any intent to steal or defraud another person or party. Mistakenly leaving a store with something in the bottom of your shopping cart or making a mistake on a loan application are usually not enough to get you convicted of theft or fraud in Texas. In many cases your defense is the affirmative “mistake of fact” defense. In a mistake of fact defense, the actor must have formed a reasonable but mistaken belief about the situation at hand. 

You may have genuinely been unaware that you were breaking the law at the time that it happened, yet you will need to work with your defense attorney to come up with a better strategy for defending your criminal case.

You should also keep in mind that plenty of legal systems allow the state to use your ignorance of the law or your rights against you, whether to obtain a false confession or to obtain some other edge that can lead you to getting arrested or convicted.

No matter why you did what you did, your best bet is to assert your right to remain silent and then to reach out to our criminal law office to get help.

See also:

How to Exercise Your Right to Remain Silent After a Houston, TX Arrest

What Should You Do If There’s a Warrant Out For Your Arrest in Houston, TX?

How Does Bail Work in Houston, TX?

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They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
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Brian Gomez
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Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
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Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
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The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
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Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
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