High Caliber Legal Service

How could mistaken identity lead to a criminal charge?

On Behalf of | Sep 22, 2022 | Criminal Law |

Countless innocent people are wrongfully accused, indicted, charged and convicted for crimes they know nothing about. This can happen when the alleged perpetrators are mistakenly identified by their victims or eyewitnesses.

If you are wrongfully charged with a crime, one of the defense options you can consider to clear your name is mistaken identity. However, to do this, it helps to start by understanding how you could end up being mistakenly identified as the perpetrator of the crime in question.

So how does mistaken identity happen?

Sometimes, an eyewitness to the crime may swear that the accused is the person they saw committing the crime. While the witness may wholeheartedly believe that they are right, it could be possible that their recollection is mistaken. Some of the factors that may affect the witness’ ability to make a positive identification include:

  • Poor lighting
  • The distance between the witness and the perpetrator
  • Bad weather

So how can you argue mistaken identity during your trial?

Just saying that you did not commit the crime in question will not get you off the hook during your trial. Here are two ways you can prove innocence if mistakenly charged with a crime.

  • Call your alibi: If you were at a different location when the crime in question happened, you might want to raise an alibi defense. This can be your own witness who will testify that they were with you when the crime happened and, as such, you could not have been the perpetrator.
  • Yield to a DNA test: This is, perhaps, the most straightforward way of resolving a crime. If the perpetrator’s DNA can be obtained from the scene of the crime, you may take a DNA test for comparison. If the DNA result does not match the suspect’s, then you will have a strong defense during your trial.

Find out how you can protect your rights and defend yourself if you are accused of a crime you did not commit.


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