Lack of Intent

Lack of Intent

Most crimes involve some level of criminal intent or guilty mind called the “mens rea.”  Offenses can be categorized by 5 basic mental states. Failure to prove the mental state for the charged offense may provide a defense.

  • Premeditation / Malice Aforethought: Planned to bring about a certain result
  • Intentional Conduct: Desired to bring about a certain result (but didn’t plan)
  • Reckless Disregard: Conscious disregard for the potential consequence
  • Negligence: Failure to use reasonable care
  • No Intent / Strick Liability (like statutory rape)

Examples where an accusation may lack intent include: 

  • Burglary: Entered just to sleep or get out of the cold
  • Theft: Accidentally took it / thought it was mine
  • Rape: Consent
  • Exposure: Accidental / without lewd intent
  • Murder: No premeditation, malice, etc.
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If you’re facing any charges, contact Blaine today to discuss your case.