Lack of Criminal Intent — When a Crime May Not Be a Crime

Have you or a loved one been accused of a crime? If so, one of the best defenses is one which is often misunderstood by those unfamiliar with the criminal defense system. It's the concept of criminal intent, or lack thereof. What is criminal intent? How does a lack of criminal intent lead to a variety of defenses? Here's what everyone facing charges needs to know.

What Is Criminal Intent?

Criminal intent is simply a matter of proving that a person intended to commit the crime with which they are charged. This isn't a matter of semantics, and it's not always as obvious as it may seem to those whose main law experience is in movies or television shows. 

This issue boils down to the fact that in most cases, a crime cannot be committed by accident. If you take a suitcase from the airport because you legitimately thought it was your suitcase, you haven't committed theft. You had no intention to take what wasn't yours. However, if you discover it's filled with expensive jewelry and refuse to return it, you have then committed that crime. 

What Are Defenses Involving Intent?

The example of the airport luggage mistake above illustrates a strong defense strategy. This was a mistake of fact. You believed the property to be yours but were mistaken as to the facts. An employee might keep a company computer upon termination, believing it was given rather than loaned by the employer. Or an ignorant driver may have accidentally strayed onto someone's unmarked private property. 

In some cases, the defendant may have intentionally committed a criminal act, but they did so for altruistic purposes. This is less common, but it can be a strong defense. Consider a person who has been drinking at a bar. They see an unattended car rolling toward a busy intersection. If they jump in and steer the car away from other people, they have technically committed a DUI. However, their intent was not criminal but rather an act of necessity. 

Other acts of necessity may be defenses to criminal charges. Were you under duress or believed you were in immediate danger? Were you with a group of so-called friends who threatened you with bodily harm if you didn't help them commit a theft, vandalism, or assault? Did you have reason to believe a family member was in imminent danger in someone's home, so you broke in? You didn't have criminal intent. 

How Does Intent Affect Reasonable Doubt?

Most Americans are familiar with the idea that a jury must find a person guilty beyond a reasonable doubt. This doctrine generally means that a reasonable person would find that the evidence presented leads to no other logical conclusion than that the defendant is guilty. And all jurors must agree that the prosecution has met this minimum. 

This standard is affected by how the jury perceives your criminal intent — or lack thereof. This is because the idea of reasonable doubt doesn't just apply to the overall crime. It also applies to each element that makes up a crime, including whether or not the accused had criminal intent. If your defense can sow seeds of doubt in the mind of even a single juror, the matter is not beyond a reasonable doubt. 

Where Can You Start?

Can you defend yourself against charges by showing that you had no criminal intent? Find out by meeting with William A. Andy Law. For more than 40 years, we've assisted Tennessee defendants with all their criminal law needs. We'll work with you to find the best defense strategy for your unique circumstances and then build the strongest case for it. Give us a call today to learn how we can help you.