If you have been accused of committing a crime, you may wonder if you could make a case regarding your mental state. The court considers the mental state of the defendant at the time the crime was committed.

Want to know how to fight back against criminal charges against you? This is what you need to know.

Understanding Mens Rea

'Mens rea' is a term that literally means 'guilty mind.' Essentially, this concept is used to exempt people from punishment when they did not intend to cause harm. The prosecution often establishes the concept of mens rea by demonstrating that the defendant had a motive to commit a crime.

Mental State Matters

Keep in mind that mental state can make an impact on one's defense and the likelihood of a conviction. Of course, the law can be complicated and difficult to understand when it comes to intent. A criminal defense attorney can help clear up any confusion.

Of course, there are some instances in which mental state is not an adequate defense. For instance, you cannot claim that you have experienced amnesia or other forms of memory loss. The intent to commit a crime can exist even if one has experienced memory loss. In a case like this, the judge could determine that the defendant is not fit to stand trial, but this does not mean they are automatically let off the hook.

Proving Intent

The prosecution typically seeks to prove that the defendant committed a crime intentionally and knowingly. Important to note is that the prosecution does not necessarily have to prove that you intended for a specific event to result from your actions, only that you intended to commit the actions, for some charges.

Additionally, one need not know that they are breaking a specific law, as long as they committed the actions with intent. For example, one does not need to know that it is illegal to damage a mailbox so long as they intentionally damaged the mailbox.

Each case is different, so it is important that you speak with a criminal defense attorney to understand the kind of case the prosecution is likely to make. Your attorney can make conjectures about the arguments that will be presented based on experience and the law.

Hire a Criminal Defense Attorney

It is important that you hire a criminal defense attorney to approach your case. If you are facing criminal charges, schedule a consultation with a criminal law attorney to learn more about your defense options.