Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Is the Prosecutor Required to Prove Intent in Your Criminal Case? Learn What This Entails

There are specific cases in which the prosecutor must prove not only that you committed a crime but that you did so with the intent to commit a crime. This is known as "specific intent." Learn which cases require this and what it entails, then call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with an experienced criminal defense attorney.

Understanding Specific Intent Crimes

Specific intent crimes require that the prosecutor proves beyond a reasonable doubt that the defendant intended to commit harm when engaging in illegal behavior. Their intent is a requirement of the crime itself, which means that if the prosecutor cannot prove intent, then they have not legally met their required burden of proof.

Common Examples of Specific Intent Crimes

Some of the most common specific intent crimes include burglary, robbery, child molestation, embezzlement, larceny, and forgery. On the flip side, general intent crimes include those that are illegal if the person committed a criminal act, regardless of their intent. Examples of this include assault, arson, and battery.

Proving a Lack of Intent is a Common Defense

In these cases, if we can prove that you did not have the intent to commit a crime, or poke holes in the prosecutor's "evidence" of your intent, then we have won your case. Even if you committed the act, all we must do is show that you did not do so with the intent of hurting someone. For example, if you took property that belonged to someone else, but thought that it was lost and up for grabs, then you did not have the intent to steal from a person and this might be your best defense option.

How to Prove You Did Not Have the Intent to Commit a Crime

It might seem difficult to prove a negative – after all, how do you prove that you did not have intent? The truth is that we do not need to prove that you did not have intent. We simply need to show the jury or judge that there is doubt about whether or not you had intent. The prosecution might show that it was likely you had intent, but if they cannot prove it without a reasonable doubt, then we can show the jury that they have not made their case.

Call Today for a Free Legal Consultation

There is no better time than right now to call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. Whatever legal issues you are facing, they are going to get harder – not easier. The sooner you have an attorney on your side, the sooner we can get started working for you. Call us now and let us get you started right away.