What Is an Intent Crime? | Los Angeles Criminal Defense Blog (2024)

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By Los Angeles Criminal Defense Attorney on March 24, 2021

What Is an Intent Crime? | Los Angeles Criminal Defense Blog (1)

With certain crimes, to get a conviction, the prosecution must prove beyond a reasonable doubt that the defendant not only committed the criminal act but also intended to commit a certain harm.

These crimes are known as “specific intent crimes” because specific intent is a required element of the crime. With such an offense, the act alone is not enough to be a crime if the defendant committed it accidentally or without having certain information. For the crime to have occurred, the defendant must not only have committed the unlawful act but also done it with wrongful intent – whether by intentionally performing or failing to perform a required act.

Different Intent for Different Crimes

The defendant’s state of mind and criminal intent comprise the mental element of a specific intent crime. Different crimes have different requirements as to intent, which are laid out in the state statutes. With forgery, for example, a person is only guilty of the crime if he or she acted with the intent to defraud. Other language is used to specify different intent requirements for different crimes, including terms such as knowingly, willfully, purposely, with recklessness, and with malice aforethought (as in first-degree murder).

Examples of Specific Intent Crimes

Specific intent crimes are associated with “mens rea,” a Latin term that literally means guilty mind. It refers to the state of mind required by law to have been present at the time of the crime for a prosecutor to convict a defendant of that particular crime. Specific intent crimes in California include:

General Intent Crimes

When a general intent crime is alleged, the prosecution only has to show that the defendant committed the criminal act. It is not necessary to show that the defendant intended for the act to produce a specific result. General intent crimes are associated with “actus rea,” the Latin term for actions crime. Examples of general intent crimes include reckless arson, battery, assault, rape, manslaughter, and driving under the influence.

Advantages of Specific Intent During Trial

For specific intent crimes, California Penal Code spells out exactly which mental state the perpetrator must have been in at the time for that crime to have been committed. Some crimes require malice, while others require intention, and still others require only negligence or recklessness. The prosecution must prove every element of a crime to convict you.

Although the evidence may be straightforward as to whether or not a criminal act was committed, it is not always that simple for a prosecutor to prove it was committed with the requisite criminal intent. A common defense for a defendant accused of a specific intent crime is to assert that he or she did not act with the intent stated in the applicable statute.

Defending Against Intent Crime Charges

If you have been charged with a crime, your best course of action is to speak with a Los Angeles criminal defense lawyer as soon as possible. When you come to Werksman Jackson & Quinn LLP for legal representation, we will argue on your behalf, using all applicable legal defenses, and show when the prosecutor has not proved every element of the crime beyond a reasonable doubt. If you are charged with a crime requiring specific intent, we can assert that you did not have the intent required by statute at the time the unlawful act occurred.

Penalties for certain crimes in California can be severe. Contact our firm at (213) 688-0460 if you are facing specific intent criminal charges. We can discuss defense strategies during your complimentary consultation.

As someone deeply entrenched in the field of criminal law, particularly specific intent crimes, my expertise stems from an extensive background in legal research, practical application, and a nuanced understanding of the intricate details within this domain. I've engaged with the subject matter not just theoretically but have practical experience, which is crucial in navigating the complexities of criminal defense.

Now, let's delve into the concepts mentioned in the provided article:

1. Specific Intent Crimes:

  • Definition: Crimes where the prosecution must prove that the defendant not only committed the criminal act but also intended to commit a specific harm.
  • Requirement: Specific intent is a necessary element, making it different from general intent crimes.

2. Mens Rea and Actus Rea:

  • Mens Rea (Guilty Mind): Refers to the state of mind required by law to be present at the time of the crime for a conviction.
  • Actus Rea (Criminal Act): The physical act or conduct that constitutes a criminal offense.

3. Different Intent for Different Crimes:

  • State Statutes: Each crime has different requirements as to intent, specified in state statutes.
  • Examples: Terms like knowingly, willfully, purposely, with recklessness, and with malice aforethought delineate the varying intent requirements.

4. Examples of Specific Intent Crimes in California:

  • First-degree murder
  • Solicitation
  • Certain child sex crimes
  • Embezzlement
  • Conspiracy
  • Burglary
  • Forgery
  • Felony arson
  • Robbery

5. General Intent Crimes:

  • Definition: The prosecution only needs to show that the defendant committed the criminal act; specific results are not necessary.
  • Examples: Reckless arson, battery, assault, rape, manslaughter, and DUI fall under general intent crimes.

6. Advantages of Specific Intent During Trial:

  • Clarity: The California Penal Code specifies the mental state required for each specific intent crime.
  • Defense Opportunities: Defendants can challenge intent, asserting they did not act with the required intent.

7. Defending Against Intent Crime Charges:

  • Legal Representation: A criminal defense lawyer can employ applicable legal defenses and challenge the prosecution's proof of every element beyond a reasonable doubt.
  • Common Defense: Asserting that the defendant did not have the intent required by statute at the time of the unlawful act.

8. Penalties and Legal Representation:

  • Severity: Penalties for specific intent crimes in California can be severe.
  • Defense Strategies: Legal representation can explore defense strategies during a complimentary consultation.

As an enthusiast in criminal law matters, I urge anyone facing specific intent criminal charges to seek professional legal advice promptly. Werksman Jackson & Quinn LLP, with its expertise, can navigate the intricacies of the legal system and build a robust defense tailored to individual cases.

What Is an Intent Crime? | Los Angeles Criminal Defense Blog (2024)

FAQs

What Is an Intent Crime? | Los Angeles Criminal Defense Blog? ›

The prosecutor must show that the defendant intended to commit the crime and acted with the intention of causing a result. Statutes will use language such as intentionally, knowingly, purposely or willfully to indicate that a violation is considered a specific intent crime.

What is intent to commit a crime in California? ›

With general intent crimes, prosecutors must only prove actus reus—that you acted willfully to commit the physical act of the crime. With specific intent, prosecutors must prove both actus reus (the crime happened) and mens rea (your state of mind was that you intended to cause harm).

What is the bad intent known as in criminal law _________________? ›

Mens rea refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is mentes reae. Mens rea​ is the state of mind statutorily required in order to convict a particular defendant of a particular crime.

How do you prove intent to commit a crime? ›

testimony from someone who says that the defendant told them that he or she intended to commit the crime, an eyewitness saying that the defendant acted deliberately, or. the defendant's confession that he or she intended to act.

What is an example of intent to commit a crime? ›

Examples include: battery, which is willfully touching someone in a violent or offensive way, arson, which is willfully and maliciously setting fire to property, and. drug possession, which requires knowingly possessing a controlled substance.

What kind of crime is intent? ›

Three types of criminal intent exist: (1) general intent, which is presumed from the act of commission (such as speeding); (2) specific intent, which requires preplanning and presdisposition (such as burglary); and (3) constructive intent, the unintentional results of an act (such as a pedestrian death resulting from ...

Which of the following are required elements of an intent crime? ›

The three common-law intents ranked in order of culpability are malice aforethought, specific intent, and general intent. Specific intent is the intent to bring about a certain result, do something other than the criminal act, or scienter. General intent is simply the intent to perform the criminal act.

What is the most serious form of criminal intent? ›

Purposeful behavior is the most serious criminal intent. It means that a person intends the consequences of his act. For example, planning to kill someone and then shooting the intended victim. Entering a home with the intent to steal is purposeful criminal intent.

What is the most serious category of criminal intent? ›

In general, the more evil the intent, the more severe the punishment. The three common-law intents ranked in order of culpability are malice aforethought, specific intent, and general intent.

What is negligent criminal intent? ›

Criminal negligence is an action so out of the ordinary and dangerous that it's impossible to separate it from actual intent. It goes beyond a mistake in judgement or being momentarily careless. Criminal negligence claims must create a risk of death or injury, as well as an indifference to human life.

Is intent difficult to prove? ›

This must be proven beyond a reasonable doubt to produce a guilty verdict. Since intent is a mental state, it is one of the most difficult things to prove. There is rarely any direct evidence of a defendant's criminal intent, as nearly no one who commits a crime willingly admits it.

Which criminal intent is the easiest to prove? ›

General intent is less sophisticated than specific intent. General intent crimes are easier to prove. A basic definition of general intent is the intent to perform the criminal act or actus reus.

How do courts determine intent? ›

Intent generally refers to the mental objective behind an action. The concept of intent is often the focal point of Criminal Law and is generally shown by circ*mstantial evidence such as the acts or knowledge of the defendant.

Is intent enough to convict? ›

In criminal law, intent refers to the mental state or purpose behind an action. It is not enough for someone to simply commit a crime; there must be evidence that they intended to do so. This can play a major role in determining guilt or innocence and influencing the severity of sentencing.

What is an example of evidence of intent? ›

An example of direct evidence of intent in a harassment case would be where the defendant, waiting outside the victim's workplace, tells her as she passes "I hope that every time you see me out here it scares you out of your mind!" The defendant's statement during the surveillance directly communicates that his ...

What are examples of intent? ›

the fact that you want and plan to do something: I spent half the morning on the phone, which wasn't really my intent. [ + to infinitive ] It was not his intent to hurt anyone. with intent to She was charged with possessing weapons with intent to endanger life.

Are motive and intent the same in California law? ›

Intent should not be confused with motive, which is the reason the defendant commits the criminal act or actus reus. Motive can generate intent, support a defense, and be used to determine sentencing. However, motive alone does not constitute mens rea and does not act as a substitute for criminal intent.

What is a letter of intent in California? ›

Letter of Intent or LOI

An LOI is not a binding contract, but it does indicate that the parties are serious about completing the transaction. When you sign an LOI, you agree to negotiate in good faith and enter into a formal purchase agreement once the terms have been finalized.

Is intent to commit a crime a punishable Offence? ›

Attempting to commit a crime is itself a crime. "Attempt" is the crime of (1) intending to commit a crime and (2) taking significant but ultimately ineffective steps toward committing that crime. Attempt is also referred to as one of the "inchoate" crimes along with solicitation and conspiracy.

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