Mistake as a Defense in Rhode Island Criminal Cases

Not Every Bad Outcome Is a Crime.

People make mistakes. That doesn't mean they should go to jail.

In Rhode Island, the law recognizes that accidents, misunderstandings, and honest errors do happen—and when they do, you may have a complete defense to the charges against you.

At Manosh Payette Criminal Defense Attorneys, we know how to present mistake-of-fact and mistake-of-law defenses in a way that makes sense to judges and juries. We don't make excuses—we show what actually happened, and why it wasn't criminal.

What Is a “Mistake” Defense?

There are two types of mistake defenses in Rhode Island:

1. Mistake of Fact

You misunderstood the situation and acted based on incorrect information.
Example: You took someone's property thinking it was yours. Or you entered a home you believed you were invited into.

2. Mistake of Law (used less often)

You misunderstood the law itself in a way that negates criminal intent.
Example: You possessed something you believed was legal, or thought you had permission to act in a certain way based on what you were told.

In either case, the heart of the defense is this:

You did not act with criminal intent.

Intent Matters in Criminal Law

In most criminal cases, the government must prove that you acted knowingly, intentionally, or recklessly. If your actions were based on a reasonable mistake, that mental state doesn't exist—and the charge may not hold up in court.

We've used mistake defenses to challenge:

• Theft and shoplifting charges

• Assault cases involving mistaken identity

• Trespassing or breaking and entering cases

• Drug possession charges

• Weapons violations

• Fraud and financial crimes

• Driving offenses and license-related arrests

If the facts show that your behavior was an honest misunderstanding, we work to get the charges reduced—or dismissed altogether.

How We Prove the Mistake Was Real

We back the defense with evidence that shows:

• What you reasonably believed at the time

• What information you were given or acting on

• How your actions were consistent with someone not trying to commit a crime

• What you did after the incident (remorse, confusion, attempts to correct it)

We may also use:

• 📱 Text messages or emails showing your intentions

• 🧾 Receipts, documentation, or contracts

• 👁 Witnesses who can verify what you believed

• 🎥 Video footage that shows how the situation unfolded

• 🧠 Expert testimony on perception, cognition, or impaired understanding (if relevant)

Good People. Bad Situations. Strong Defense.

Not everyone accused of a crime is reckless, violent, or dishonest. Sometimes good people make bad choices—or act without full information. That's not criminal. That's human.

We don't ask the jury for sympathy. We give them context—and clarity. We explain what really happened, why it wasn't criminal, and why a conviction would be a mistake of its own.

Don't Let One Mistake Define Your Future

If you're being charged for something that stemmed from a misunderstanding, accident, or error in judgment, let us help.

At Manosh Payette Criminal Defense Attorneys, we've handled mistake-based defenses in high-stakes felony and misdemeanor cases. And we know how to explain things to a judge or jury in a way that resonates.

📞 Talk to a Lawyer Who Understands the Power of Context

📍 Located in Providence | Serving clients statewide
📞 401-854-7794 | ✉️ Contact Us

A mistake shouldn't ruin your life. Let's make sure it doesn't.