Posted: May 18th, 2017

Trisha went out to a bar with some friends and got extremely drunk. She and her companions shared a cab ride home. When Trisha arrived at her apartment house, she was unable to get in her door because her key kept getting jammed in the lock. As she had done on several previous occasions, she pried open the screen on the outside window and climbed inside. Once she was in the living room, a police officer arrived. Apparently, Trisha had mistakenly broken into her neighbor’s apartment. She was arrested for attempted burglary. Can Trisha successfully defend by claiming she was just mistaken and thought that she was breaking into her own apartment?

Trisha went out to a bar with some friends and got extremely drunk. She and her companions shared a cab ride home. When Trisha arrived at her apartment house, she was unable to get in her door because her key kept getting jammed in the lock. As she had done on several previous occasions, she pried open the screen on the outside window and climbed inside. Once she was in the living room, a police officer arrived. Apparently, Trisha had mistakenly broken into her neighbor’s apartment. She was arrested for attempted burglary. Can Trisha successfully defend by claiming she was just mistaken and thought that she was breaking into her own apartment? (A) Yes, such a mistake of fact can act as a defense. (B) Yes, mistake of fact can be offered to disprove that she had intended a burglary. (C) No, Trisha was mistaken only as to the apartment she entered, not as to her actions. (D) No, because mistake of law is not a defense.

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