Criminal law classifies crimes partly based on the defendant’s state of mind at the time of the offense. This division between specific intent crimes and general intent crimes changes how a case is handled, what defenses work, and how bad the punishment might be. Anyone facing charges needs to understand this difference.
Understanding Intent in Criminal Law
Criminal law looks at two main things: what someone did (actus reus) and what they were thinking (mens rea). California uses special jury instructions called CALCRIM[1] to explain this. Intent connects someone’s thoughts to their actions when committing a crime. It helps measure how blameworthy they are and affects both the charges they face and their sentence if convicted.
Criminal laws place intent into two main buckets: specific and general intent.
Specific Intent Crimes Explained
For prosecutors to win their case, they must prove two things: that the defendant did the act AND that they had a particular purpose in mind when doing it.
Check the law’s language. Words like “with intent to,” “knowingly,” or “willfully” mean prosecutors have to prove what the defendant was thinking, not just what they did.
Take burglary as an example[2]. Just proving someone entered a building unlawfully isn’t enough. Prosecutors must also show they entered specifically to commit theft or another felony once inside. Without that mental element, it’s not burglary.
Examples of Specific Intent Crimes
- Burglary (PC 459): Unlawful entry PLUS intent to commit theft or a felony inside
- Robbery[3] (PC 211): Taking property by force or fear, PLUS intent to permanently deprive the owner
- Forgery (PC 470): Signing someone else’s nam,e PLUS intent to defraud
- First-degree murder[4]: Killing someone PLUS premeditation and deliberation
Other specific intent vs general intent distinctions appear in crimes such as theft[5], embezzlement, solicitation, conspiracy, and attempted crimes[6].
A criminal defense attorney sometimes uses the memory aid A-SPCF: Attempt crimes, Solicitation, Property felonies, Conspiracy, First-degree murder.
What are Defenses for Specific Intent Crimes?
When the law requires specific intent, these defenses can work:
- Showing the prosecutor can’t prove the defendant’s state of mind
- Evidence of intoxication that prevented the formation of the proper criminal intent
- Mental illness that made forming specific intent crimes impossible
- Honest mistake of fact[7]
- Abandonment (for attempted crimes)
Defense strategy focuses on breaking the link between actions and mental state. Since prosecutors must prove both the act and the intent, creating doubt about either element of the crime can lead to acquittal.
What are General Intent Crimes?
General intent crimes only require proof that the defendant deliberately committed the act, regardless of what they intended to happen as a result.
Prosecutors just need to show that the defendant voluntarily did something against the law. Their reasons or goals don’t matter.
CALCRIM No. 250 covers these crimes, telling jurors to focus only on whether the defendant deliberately did the criminal act[8], not what they hoped would happen.
These offenses focus on the voluntary action rather than the purpose.
Examples of General Intent Crimes
- Assault (PC 240)[9]: Just requires an intentional act causing fear of harmful contact
- Battery (PC 242): Just requires intentional, harmful, or offensive touching
- DUI (VC 23152): Just requires willfully driving while intoxicated[10]
- Rape: Focuses on doing the act without consent, not intent to harm
Many scholars note that specific intent vs general intent can be determined by examining the statutory language. Courts figure out which type applies based on the law’s wording and previous cases.
What are Defenses for General Intent Crimes?
Defending against these charges typically involves:
- Proving a lack of voluntary action (unconsciousness, seizure)
- Wrong person identified
- Consent[11] (where relevant)
- Challenging evidence that the defendant committed a crime at all
Unlike with many other charges, being drunk or high usually isn’t a defense when general intent is the standard.
Defense focuses on the act itself rather than what the defendant was thinking.
Specific Intent vs General Intent: Key Differences
Here’s what makes these different in practice:
- Proof Required: The first category needs proof of both act and mental state, making them harder to prove
- Law’s Language: Different terminology signals different requirements
- Available Defenses: Different options exist based on which mental standard applies
- Jury Instructions: California uses different instructions (CALCRIM 250 for general intent, 251 for specific intent)[12]
- Punishment: The former category often comes with harsher penalties
- Prosecution Approach: For the more complex cases, prosecutors must prove the defendant’s purpose beyond just doing the act
Why Intent Knowledge Matters for Your Defense
Knowing whether you face specific intent crimes or general intent charges helps build the right defense. This distinction affects everything from evidence to sentencing. California courts keep refining these distinctions through their rulings. The specific intent crimes offer more defense options based on mental state. The general intent focuses mainly on whether the defendant voluntarily did the prohibited act.
If you or someone you know is facing criminal charges, intent matters; our experienced defense attorneys can assess your case and develop effective strategies based on specific intent requirements. Contact us today at (877) 511-7583 for a free consultation.
References
- Judicial Council of California. (2024, December). Criminal Jury Instructions (CALCRIM). https://courts.ca.gov/sites/default/files/courts/default/2024-12/calcrim_2024_edition.pdf
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Parker, D. (2024, September 4). Second degree burglary: The difference between first and second degree burglary in California. Manshoory Law Group, APC. https://manshoorylaw.com/blog/second-degree-burglary/
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Parker, D. (2024, September 21). Robbery Vs Theft: What is the Difference? Manshoory Law Group, APC. https://manshoorylaw.com/blog/robbery-vs-theft/
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Manshoory, S. (2024, August 31). Difference between 1st, 2nd, and 3rd-Degree murders? Manshoory Law Group, APC. https://manshoorylaw.com/blog/difference-between-1st-2nd-and-3rd-degree-murders/
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Manshoory, S. (2023, September 20). Larceny vs Theft: What’s the Difference? Manshoory Law Group, APC. https://manshoorylaw.com/blog/larceny-vs-theft/
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Manshoory, S. (2024, November 4). What is the Attempted Murder Sentence in California: Laws, Penalties and Defense. Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-are-the-penalties-in-california-for-attempted-murder/
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Manshoory Law Group, APC. (2025, April 30). What is the Mistake of Fact Defense in a Criminal Case? https://manshoorylaw.com/blog/mistake-of-fact/
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Element of Intent in criminal Law | Office of Justice Programs. (n.d.). https://www.ojp.gov/ncjrs/virtual-library/abstracts/element-intent-criminal-law
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Manshoory, S. (2020, December 28). What is the Difference Between a Simple Assault and an Aggravated Assault in California? Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-is-the-difference-between-a-simple-assault-and-an-aggravated-assault-in-california/
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Parker, D. (2024, June 12). DUI vs DWI: What is the Difference. Manshoory Law Group, APC. https://manshoorylaw.com/blog/dui-vs-dwi/
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Parker, D. (2024, February 23). Implied Consent Law in California DUI cases. Manshoory Law Group, APC. https://manshoorylaw.com/blog/implied-consent/
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Sec. 14-251. – Intent. (n.d.). American Legal Publishing. https://codelibrary.amlegal.com/codes/johnstoncounty/latest/johnstoncounty_nc/0-0-0-2786#JD_14-251