impossibility defense

criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit

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About impossibility defense

An impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit. Factual impossibility is rarely an adequate defense at common law. This is not to be confused with a "mistake of fact" defense, which may be a defense to a specific intent crime like larceny.

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