An essential element of a criminal offense is what is known as mens rea or intent. Different crimes may require different levels of intent. There are a variety of different ways that the courts have addressed these levels of intent. Two common distinctions, though somewhat confusing, are specific intents and general intent. A specific crime is one that calls for a particular state of mind in order to satisfy the elements of that offense.

For instance, in first degree murder there must be premeditation – a specific intent to kill. In second degree murder, however, there need no be a specific intent to kill. There may simply be a general intent. If a person fires a gun into a crow of strangers, with no intent to kill anyone, he or she could be guilty of second degree murder for acting recklessly.

Another aspect of intent is what is referred to as transferred intent. Transferred intent arises when a person intends to harm one victim but in fact harms another.

For example, If Phil throws a rock at you and rather than hitting you, hits your next door neighbor, he may still be guilty of the crime of assault and battery even though he did not intend to hit your neighbor. His intent is deemed to be transferred from you to the neighbor.

If you are charged with a crime contact a Sacramento criminal lawyer Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain Sacramento criminal lawyer Dionne Choyce, you will find that his fees are affordable and well worth it.