Law Offices of Jason Bassett, P.C.

Using Mistakes of Fact As a Legal Defense

Regardless of what type of criminal case you are facing, being charged with an offense is not only a significant embarrassment but also poses severe consequences. Those consequences include the potential for incarceration, loss of your professional license or job, travel restrictions, eviction, immigration issues, and more. It is crucial to seek guidance from a federal lawyer to navigate such complexities.

Often, the criminal acts committed in New York may violate both State and Federal Criminal Law. An experienced New York federal lawyer can ascertain if your case has the potential to violate both jurisdictions. Such a professional can then help you circumvent double prosecution by the Offices of the United States Attorney or The District Attorney.

Clients frequently inquire if ignorance of the law or mistakes of fact can serve as a defense against NY criminal charges. An experienced federal lawyer often clarifies that the simple answer is no. Ignorance of the law isn’t a valid defense to any crime. However, there are circumstances where mistakes of fact can be employed as a defense. For example, if accused of shoplifting and you genuinely believed the item's procurement wasn’t illegal, this mistaken belief could act as a defense. But, if charged with the distribution of an illicit substance and you weren't aware of its illegal classification in New York, consulting a federal lawyer would tell you that this argument holds no water.

The principle applies to crimes like murder, DWI, and assault. If you can prove you acted unintentionally or in self-defense, a federal lawyer would advise that a mistake of fact can potentially serve as your defense. For charges like third-degree assault or higher, the onus is on the prosecution to establish your intent to inflict physical harm. Demonstrating that your intentions were solely to retaliate defensively or unawareness of potential injury might allow the mistake of fact, as many federal lawyers would affirm, to defend your criminal charges.


Navigating federal prosecutions necessitates a deep understanding of Federal Court rules and procedures, distinct from State courts. Employing a Long Island federal lawyer experienced in this domain can tip the scales between acquittal and conviction.

Our federal lawyer boasts a track record of managing intricate federal cases. Recognized as a fierce defender, he has assisted clients in evading convictions or securing the dismissal of their federal criminal cases. In these challenging times, allow our federal lawyer to shield your interests and provide the best possible defense.

NY Federal Criminal Defense Attorneys

There are numerous instances in which someone accused of violating state law could also face federal charges. Engaging a Long Island federal criminal lawyer in these situations becomes paramount. Having an experienced federal lawyer in your corner will significantly bolster the chances of getting the charges reduced or dismissed.

The federal legal system is distinct from the state one, featuring its own courts and prosecutors. An experienced Long Island federal criminal attorney understands these differences and can interact with federal prosecutors to optimize outcomes. Hiring a federal lawyer well-versed in these nuances can make a significant difference in the case's trajectory. Generally, federal offenses tend to be graver than state crimes, carrying stiffer penalties. A proficient Long Island federal lawyer can strategize based on the specifics of a case, highlighting any mitigating factors that might be relevant, such as testimony from family or friends, character references, or medical issues.

On rare occasions, both the New York State District Attorney and the United States Attorney might jointly charge a defendant under New York state and federal laws. This usually happens if the crime spans both state and federal jurisdictions. In these scenarios, a federal lawyer becomes indispensable to argue against double jeopardy, a constitutional concept that bars trying an individual twice for the same crime.

Engaging in a criminal case is daunting. Thus, having a seasoned Long Island federal criminal lawyer alongside can greatly alleviate the burden for the accused and their families. Reach out to us for a free consultation. Our federal lawyer is available around the clock to assist. We employ cutting-edge technology, forensic techniques, handwriting, and video analysis, among other tools, to deliver the results our clients rightfully anticipate. Whether facing a misdemeanor or a felony, our commitment remains unwavering in safeguarding your rights.


New York Federal Sentencing Guidelines

Defending against a federal criminal charge is a complicated process. Once a client is convicted of a crime, or agrees to plead guilty in Federal Court, the next step is usually sentencing. Once again, a seasoned and skilled federal lawyer can help guide their client through the process. In New York, the Federal Judge is required to take many factors into account when determining an appropriate sentence.

As a general rule, a Federal Judge can only impose a sentence within the guidelines set forth by the Sentencing Commission. However, with the counsel of an adept federal lawyer, there might be possibilities to argue for a sentence that is above or below the guidelines if they find that the particular case involved aggravating or mitigating circumstances of such a degree that they warrant a departure from the guidelines.

The Federal Sentencing Guidelines provide a range of sentences for various crimes. With the assistance of a federal lawyer, one can better navigate the complexities of these guidelines. The most serious offenses are classified as Class A Felonies and carry the highest penalties. The Federal Sentencing Guidelines also classify drug offenses based on the amount and type of drugs involved. Consulting with a federal lawyer can provide insight into the nuances of these classifications. Generally, the more drugs that are involved in a criminal case, the higher the class.

In addition to statutory mandatory minimums, the Federal Sentencing Guidelines provide for certain “departures.” A departure allows a judge to reduce the base offense level by one or more levels in cases involving acceptance of responsibility, good conduct, and substantial assistance to authorities. Departures from the guidelines, often navigated with the help of a federal lawyer, are also allowed in cases involving death, where physical injury or sexual assault was involved, where a child or victim was abused, and other unusual or extraordinary circumstances.

Once a judge has completed the sentencing process, they are required to state their reasons in open court. This helps ensure that the sentencing process is transparent and fair. Some judges have expressed dissatisfaction with the guidelines' rigidity, asserting they can sometimes produce harsh outcomes.

Whether the sentence is determinate or indeterminate, once the offender has served 85 percent of their term, they are eligible to apply for Presumptive Release (pre-release). The Department of Corrections, which is responsible for granting releases, will review each application. Engaging a federal lawyer in this process can provide invaluable guidance. The application must be accompanied by a letter from an attorney, or a written statement from the offender indicating that they have maintained a high level of disciplinary and program compliance while in prison. 

Law Offices of Jason Bassett, P.C.

Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer

320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States

(631) 259-6060