Legal and Factual Impossibility Defense
The legal and factual impossibility defenses apply to unsuccessful criminal attempts. Legal impossibility occurs when an individual mistakenly believes they are committing a crime, but their actions are not illegal. In contrast, factual impossibility arises when external circumstances prevent the completion of a crime despite the intent. While legal impossibility absolves defendants of liability, factual impossibility does not, often resulting in conviction. Understanding these distinctions is crucial for applying criminal law defenses accurately.
References
Hall, E.D. (2022). Criminal law and procedure. Cengage Learning.
Robinson, P.H., Baughman. S.B., & Cahill, M.T. (2020). Criminal law. Case studies and Controversies. Aspen Publishing.
Reference
StudyCorgi. (2025, March 24). Legal and Factual Impossibility Defense. https://studycorgi.video/legal-and-factual-impossibility-defense/