In the dispensing of justice, the magnitude of punishment to which a convicted felon is sentenced is largely tied to the weight of the offence. Yes, other factors such as whether or not the convict is a first-time offender may come into play but that will be after the act committed has been thoroughly weighed.

The first point for consideration before charging a person is whether or not a crime has been committed. We shall then begin by looking at what really constitutes a crime.

What is a Crime?

Legally speaking, a crime will be said to have been committed when an individual engages in an action or actions that is prohibited and punishable by law. This means that something may constitute a crime in one clime and not be a crime in another clime. You may want to read more about this here.

The Role Intent Plays in Criminal Prosecution

Once an individual has been charged with committing a crime, that is such an individual has done some things that are punishable by the laws of the land, the next thing will be for the prosecution to prove their case before a court of competent jurisdiction. The aim is usually to get the maximum sentencing possible for such an offence.

There are two critical factors that will form the pillars upon which the case will be tried. The first will be the act itself while the second will be the intent behind the act. These two will determine how both the prosecution and defense teams will approach the case.

As a result of the above argument, we will quickly look at crimes under two groups – general intent and specific intent crimes.

General Intent Crimes

This kind of crime is only looked at on the basis of the act itself. The simple fact that the accused was able to carry out the act is usually enough in itself to get a conviction. This therefore makes cases that fall into this category easier for the prosecution to prove.

A few examples of crimes that fall into the category are: battery, rape, arson, DUI, assault and second degree murder (manslaughter). What the accused had in mind plays no role in determining the case against him or her.

Specific Intent Crimes

Under this category, both the action and the intent are considered. The action alone in itself is usually not enough to get maximum conviction. The intent behind it has to be proven to also be malicious. As you will expect, such cases are more difficult to prove.

If the prosecution can prove that there was prior intent to cause harm or that a crime was planned and pre-meditated, the sentencing will carry more weight. If however the defense can counter the prosecution’s claims and show that though the act did occur, there was no prior intent, then the punishment will be milder.

Some crimes that will fall under this category include the following: first degree murder (also known as premeditated murder), forgery, robbery, theft, false pretense, child molestation and embezzlement, just to name a few.

The different between first degree murder and man slaughter is in the intent. In both cases, an action resulted in the death of a person. However in one, the action was carried out with the intention of taking the person’s life while in the second case the person lost his/her life as a result of an action that was not intended to have that outcome.

You can find some a well detailed explanation here: https://kb.osu.edu/bitstream/handle/1811/77932/OSJCL_V13N2_521.pdf.

Conclusion

If you have carefully read through the brief explanation given above, you should understand that how an offence is perceived can impact the weight of punishment that will be meted out, if any will be meted out.

Once an individual has been arrested, the prosecution will take some time to prepare their case so as to determine if the case can be tried as a specific intent crime. To prove this, different methods can be employed. Some will include questioning the accused and also looking for evidence to back their claims.

It is not uncommon for unsuspecting persons to implicate themselves during questioning. This is why it is important that the accused always insists that they have their lawyer around during questioning. Better still, a bail application should be filed as soon as possible to ensure that the individual does not stay longer than necessary in jail. Even if the bail amount set is more than the accused can raise, they can take advantage of bail bonds. Simply visit the website of reputable bail bonds agencies and take advantage of their offerings.

With a good defense, you may be able to prove that whatever offence you have committed was not with a malicious intent. This may be the difference between minimal sentencing and many years in jail.