Understanding a specific intent crime is not just important, it's crucial for anyone facing criminal charges. It revolves around a defendant's apparent intent to commit a particular crime.  For instance, in the case of attempted murder, one of the elements of the crime is the defendant's specific intent to kill the victim. This knowledge empowers you to understand the legal implications of your situation and be prepared for what's to come. 

So, for example, if you took the Reginald Denny case from years ago, when there were the LA riots, and a truck driver was pulled out of the car and beaten by multiple people, those people were captured because they were caught on camera. They were arrested and charged with the attempted murder of that truck driver.

They were all found not guilty, and the main reason was that the prosecutors could not prove they had a specific intent to kill. After all, they pulled him out, hit him, and beat him, but they stopped their attack.  They let the person live, so how could you prove they had the specific intent to kill?

Now, they may have been able to be charged with assault likely to produce significant bodily injury or a host of other charges, but attempted murder is a specific intent crime. The reason attempted murder is a particular crime of intent is that if you get convicted of attempted premeditated murder, you're looking at fifteen to live in prison, so obviously, they're going to want to make sure that you were trying to kill the person before they hit you with such a severe sentence.

There are other specific intent crimes, and many of them emerge. These could include crimes like burglary, forgery, or embezzlement. However, when evaluating a specific intent crime, you're looking at a person who must have had the clear intent to do something certain to be convicted of the particular crime. Other examples of specific intent crimes include attempted robbery, solicitation, and conspiracy.

Most crimes in criminal defense are committed with general intent. These are crimes where the law does not require a specific intent for a certain result. If you do certain things, it doesn't matter if you have a specific intent for a certain result.  You will be held responsible. General intent crimes are those where the law only requires that the defendant intended to do the act that led to the crime, not the specific result of the act. This is in contrast to specific intent crimes, where the defendant must have intended the specific result of the act.

For example, if you drink and drive and you hurt somebody severely as part of that drinking and driving, you will be charged with felony DUI.  If you hit somebody on the road, seriously injure them, and leave the scene, you will be charged with felony hit and run.

It doesn't matter whether or not your mind was clouded in some way or if you didn't have some sort of general intent.  You will be held responsible for the crime.  Therefore, that specific intent is particularly important because most specific intent crimes typically carry severe punishments. Our Los Angeles criminal defense attorneys will review further below. 

Defenses For Specific Intent Crimes

It's essential to note that defenses are available for specific intent crimes.  For instance, you could argue that you didn't have the clear intent to commit the particular act required for the specific purpose. This knowledge should provide not just reassurance, but also hope in a challenging situation, knowing that there are ways to defend yourself.

Another defense, surprisingly, is intoxication.  So, let's say you get really drunk and shoot somebody or shoot at somebody, and you're charged with attempted murder.

You could use the fact that you were very drunk to mitigate the shooting down to assault with a deadly weapon, battery causing great bodily injury, or other crimes. Still, you may not be able to be convicted of attempted murder because the fact that you were so intoxicated, if it could be proved, could be used to show you couldn't form the specific intent to kill because you were way too drunk.

There are cases where people are charged with specific intent crimes in Los Angeles County, the San Fernando Valley, and prosecutors cannot prove the case because they cannot demonstrate the required intent.

They don't have the evidence for it. Often, prosecutors are unaware that they lack evidence because the police are booking individuals for specific offenses, and the prosecutor subsequently charges them. They don't look carefully enough to see that they're lacking the specific intent element, which is crucial. It's the prosecutor's job to prove that the defendant had the specific intent required for the crime.

Reviewing Your Case With a Criminal Lawyer

So, if you've got a crime where you're being charged, and you know that the police have to prove specific intent in relation to that crime, sit down with somebody like me who's been doing it for twenty-five years. Let's flush out all of the facts and figure out whether they could prove what they need to confirm. This is one of the critical areas in criminal defense, and having a seasoned professional by your side can make you feel supported and guided.

Let's flush out all of the facts and figure out whether they could prove what they need to confirm — whether every element can be met because this is one of the critical areas in criminal defense, where if they cannot prove the specific intent element of the crime, they can't prove the crime, you will be found not guilty, or they must dismiss that crime or put in a lesser included offense because the specific intent cannot be met. So, pick up the phone now.  Please make the call, and we'll take care of your case.