It is always intimidating facing the criminal justice system. The nature of the crime greatly impacts your experience with the law since not all crimes are looked at in the same way. It is important to start your defense by understanding the specific nature of your charges if you have been arrested for a crime. A bail bond secures your release for starters. Whether the charge is for specific or general intent is one of the first distinctions. Today, we at Robert Sepulveda Bail Bonds would like to help you understand the general intent crimes and specific intent crimes.
Act of Crime & Intent Behind It
It is important to look at intent when trying to understand the distinction between specific and general intent crimes. All crimes have two key components under common law. The first is the “actus reus,” which is about the requisite act of the crime. More about the requisite intent, Mens rea,” by contrast. Crimes are classified by the action itself and the intent behind it, in other words. The criminal intent definition is vastly important to your case by this understanding. In order to achieve a specific result, the perpetrator must have a desire to commit the specific crime in question for crimes to have a specific intent definition. There is no need to prove requisite intent when looking at the general intent definition. The crime did indeed occur is the only evidence needed to move forward, instead. No motivation has to be linked back to you in order to secure a conviction by the general intent definition.
What is Specific Intent in Criminal Law?
There are further distinctions of note is understanding the broad specific intent definition is important. If you are charged with specific intent based on the wording used in the charge, you will be able to tell. Described legally as intentional, purposeful or willful are specific intent crimes. For you to intentionally commit the crime, it is not enough. Also, you must show to have malicious intent. Because you did not intend to permanently deprive the other person of his or her property, you cannot be charged with specific intent if you steal something as part of a prank for instance. This distinguishes pranks from more serious charges of theft. Child molestation, forgery, burglary, solicitation, larceny, embezzlement, conspiracy, murder and more is included with specific examples of crimes that usually warrant specific intent charges.
Examples of General Intent Crimes
General intent crimes do not require any proof of your motivations when looking at the criminal intent definition. General intent charges are based only on the act itself, instead. Making it more likely for the prosecution to secure a conviction, general intent is much easier to prove in court because of this. You may not even know the act was illegal for a general intent charge to stick in fact. With no indication of why, the prosecution must only prove that you were willing to commit the act. A crime that usually warrants a general intent charge is battery is a good example. Battery refers to causing harm or damage to another person. Battery charges can also stem from reckless actions, thereby classifying the charge under general intent as this can be intentional in some cases.
Rape, manslaughter, assault, arson and driving under the influence is included with other examples of general intent crimes.
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