During a criminal justice procedure, you will hear certain words used frequently, such as “willfully” and “knowingly.” This is because certain crimes require that a person both committed an act and intended to commit that act. This type of crime is known as a “general intent crime.”
On the other hand, there is a more severe classification known as “specific intent crimes” in which the defendant both intended to commit the crime and intended for a specific result to occur. Today we will look closer at the difference between these similar terms. If you have further questions about criminal justice issues and believe that an attorney is needed, contact Law Office of Michael L. Fell at (949) 585-9055 for a free case evaluation.
The definition of a general intent crime
This type of crime is one in which the action that led to the offense happened intentionally. One example is battery. The law defines battery as willfully and unlawfully using force or violence upon another person.
Consider a situation in which a person punches someone and hits them. Under California battery laws, this would involve battery because the person intentionally used violence against another person. However, note that the law does not require that the defendant intended to cause a particular injury. It is enough that the person took a swing and hit a person. This is a general intent crime.
The definition of a specific intent crime
The second type of intent crime we are discussing today is the specific intent crime. This involves an act in which the person committing the crime intended for a specific outcome to happen. One common example of a specific intent crime is theft.
In order for a person to have committed theft according to California law, they must intentionally take the property that belongs to someone else in order to permanently or temporarily deprive them of the property. For example, if a person steals another person’s neckless, the prosecution must prove A) that the person stole the neckless and B) that they intended to permanently or temporarily deprive them of the neckless. In short, they had a specific intent when committing the crime and thus would be guilty of a specific intent crime.
Does the difference between the terms make a difference to your case?
If you have been charged with a criminal offense in the state of California then you may be wondering if your crime is a general intent crime or a specific intent crime and what difference that would make to your case. The bottom line is that it all depends on what you have been charged with. In some cases, if the prosecution cannot prove specific intent then they will be forced to charge a lesser crime that is a general intent crime.
To find out more about how these terms may apply to your specific criminal case, contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.