What are the defenses to criminal liability?

In Virginia, defendants accused of committing white collar crimes have several potential defenses available to them. One of the most common defenses is known as the "mistake of fact" defense. This defense is based on the notion that the defendant may not have been aware of the illegal nature of the conduct, either due to circumstances or a misunderstanding of the law. Another defense is the "ignorance of the law" defense. Here, the defendant may not have been aware that their conduct violated the law due to a lack of knowledge of the law. This is a difficult defense to prove, since ignorance of the law is not an excuse and the burden of proof rests in the defendant. The "duress" defense may also be available to the defendant. This defense applies when the defendant was forced to commit the criminal act due to threats or coercion. In order to prove duress, the defendant must show that the threats or coercion were so severe that they had no other choice. The "entrapment" defense is also available to the defendant. This defense is based on the notion that the defendant was induced by law enforcement or other individuals to commit the crime when they would not have, otherwise. Entrapment is very difficult to prove, as the defendant must show that they were actively and intentionally persuaded by law enforcement or other individuals to commit the act. Finally, a defendant may also have the option of pleading "insanity" as a defense. However, the defendant must prove that he/she was legally insane at the time the offense was committed, and this defense is difficult to prove. These are some of the most common defenses to criminal liability that are available to defendants accused of committing white collar crimes in Virginia.

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