Intent is a key aspect in any criminal case.
In any criminal case, intent is an important element that a prosecutor must often prove in order to convict the defendant of a crime. However, intent isn’t always an element of the crime. There are two broad types of intent that are used in California criminal law: specific intent and general intent.
According to a criminal defense lawyer in Riverside, CA, specific intent crimes require the prosecutor to prove that you intended to commit a certain harm. In contrast, general intent crimes do not require the prosecutor to prove that you intended a specific result when you committed a criminal act. Instead, it is enough for the prosecutor to prove that you committed a criminal act.
In a specific intent crime, a prosecutor must show that you (1) intended to commit an unlawful act, and (2) specifically intended to violate the law. With this type of crime, your state of mind will come into play: what were you thinking when you committed a certain act? Many criminal statutes for specific intent crimes use terms like “intent to deceive” or “intent to defraud.” Otherwise, the statute might specify that the defendant acted knowingly, purposefully, willfully, or recklessly. If the prosecutor cannot prove that you acted with this state of mind, then your criminal defense lawyer in Riverside, CA may be able to secure an acquittal or dismissal.
The classic example of a specific intent crime is first degree murder. To convict a person of this crime, a prosecutor must show that the defendant acted with a specific intent to kill someone. If Bob pointed a loaded gun at his wife and then pulled the trigger, shooting and killing her, that may be enough to show that he acted with the required intent to kill his wife. However, if Bob hit and killed his wife with his vehicle when he was backing out of his driveway and failed to see her, the prosecutor may not be able to prove that he did it with the intent of killing his wife (unless, of course, there is other evidence, such as a journal where Bob stated that he was going to hit his wife with his car and pretend that it was an accident).
By contrast, prosecutors do not have to prove your state of mind with a general intent crime. It is enough to show that you committed an act that is against the law. Criminal laws for general intent crimes simply list the act in question, without any reference to intent. For example, driving under the influence (DUI) is a general intent crime. It doesn’t matter what your state of mind was when you got behind the wheel of your car. If you drove while you were too impaired to safely operate your vehicle, you can be convicted of a DUI.
It is often more challenging for prosecutors to prove specific intent crimes. A skilled criminal defense lawyer in Riverside, CA may be able to introduce evidence to prove that you lacked the necessary intent to be convicted of the crime. In contrast, the prosecutor only needs to show that you committed a certain act to convict you of a general intent crime.
If you have been charged with any California criminal offense, the Chambers Law Firm can help. Reach out today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our team.
