Intent to Kill Law

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Is Criminal Intent?

Criminal intent, also known as mens rea, is a legal term used to describe a person’s state of mind at the time of committing an act considered a crime. It is a crucial component in determining the culpability of a person involved in criminal activity.

Criminal intent can manifest in several ways, such as intent to cause harm, knowledge that the action could lead to harm, recklessness, or negligence.

What Is Intent to Kill?

Intent to kill is a specific form of criminal intent where a person consciously and purposefully seeks to cause the death of another individual. This doesn’t necessarily mean that the death occurred but that the person had the express intention to kill. This intention forms the basis of various serious crimes, such as attempted murder or murder.

Scenario 1: Assassination Plot

John, a notorious gang member, devises a plan to assassinate a rival gang leader, Carlos. John acquires a gun and lies in wait outside Carlos’s house, intending to shoot him when he comes out. Even if John’s plot is foiled before he can pull the trigger, he could receive an intent to kill charge, as he was making a purposeful effort to end Carlos’s life.

Scenario 2: Poisoning

Samantha is in an unhappy marriage and starts contemplating killing her husband to be free of him. She purchases a deadly poison and mixes it into his dinner, hoping that he will die after consuming it. Even if her husband doesn’t eat the dinner or survives after eating it, Samantha displays clear intent to kill by her actions.

Scenario 3: Road Rage Incident

In a fit of road rage, David decides he wants to kill the driver who cut him off. He aggressively tailgates the other car and then intentionally rams his vehicle into the back of it, intending to cause a fatal crash. If the other driver survives, David could still face charges related to intent to kill because of his deliberate actions meant to end the other driver’s life.

Scenario 4: Armed Robbery

During a bank robbery, one of the robbers, Paul, points his gun at a bank employee and threatens to shoot if the employee doesn’t open the vault. Even if no one gets hurt during the robbery, Paul’s threat to kill could be seen as evidence of intent to kill. If the case goes to court, the prosecutor could argue that Paul intended to kill the employee if his demands weren’t met.

These scenarios demonstrate different circumstances where an individual’s actions reveal an intent to kill, which is a serious crime in itself, regardless of whether the intended victim dies or not.

Is Intent to Kill a Specific Intent?

Yes, intent to kill is considered a specific intent. Specific intent crimes require that the individual intended to accomplish a particular result through their actions. In the case of intent to kill, the person must have deliberately acted with the intention of causing another person’s death. This is different from general intent crimes, where it is only necessary to intend the act itself, regardless of the outcome.

Let’s explore some scenarios that illustrate the difference between specific and general intent.

Scenario 1: Specific Intent – Attempted Murder

Tom, angry at his neighbor for a long-standing dispute, decides he wants to end his life. He waits until late at night, takes a knife, and breaks into his neighbor’s house, intending to stab him to death. The neighbor, however, is not home. In this case, Tom has shown a specific intent to kill, even though the crime of murder was not completed. His actions were driven by the clear intention to cause his neighbor’s death.

Scenario 2: General Intent – Assault

In a bar, Mike gets into an argument with another patron, John. Angered, Mike punches John in the face. While Mike intended to punch John (making it a general intent crime), he didn’t specifically intend to break John’s nose, which was an outcome of his punch. Here, the crime is assault, a general intent crime, as Mike intended the act of punching but did not necessarily intend a specific harm (broken nose).

Scenario 3: Specific Intent – Theft

Anna sees a beautiful and expensive necklace in a jewelry store. She plans and executes a scheme to steal the necklace, intending to take possession of the necklace without paying for it. Even though she never intends to harm anyone in the process, theft is a specific intent crime because Anna intends a particular result – to deprive the owner of their property permanently.

Scenario 4: General Intent – Drunk Driving

After a night of heavy drinking, Paul decides to drive home. His intoxication causes him to lose control of his car, resulting in an accident that injures another person. While Paul didn’t specifically intend to harm anyone, he did intend to drive while intoxicated, a general intent crime. He may be charged with DUI and possibly additional charges for the resultant harm, even though he did not specifically intend to cause an accident or injure someone.

In summary, specific intent refers to intending a specific outcome (like intending to kill or steal). In contrast, general intent refers to intending the act itself (like intending to hit someone or drive drunk), regardless of the outcome.

Why Am I Accused of Possessing an Intent to Kill When I Did Not Want to Kill the Victim?

This could be related to the legal concept of transferred intent. Transferred intent applies when a person intends to harm one individual but unintentionally harms another. For instance, if a person intends to break into a house (burglary) and in the process causes a physical injury to a resident, resulting in their death, they could be charged with murder even if the intent to kill was not originally present. The intent to commit the initial crime is “transferred” to the resultant harm.

Is Intent to Kill Only an Issue When Someone Commits or Attempts to Commit Murder?

While most commonly associated with murder or attempted murder, intent to kill can also factor into other crimes. For example, aggravated assault charges can be elevated if there is an intent to kill. Furthermore, in some jurisdictions, certain types of threats or conspiracies may also involve elements of an intent to kill.

Should I Contact a Lawyer if I Am Accused of a Crime Involving an Intent to Kill?

Absolutely. If you are accused of a crime involving an intent to kill, you should seek legal representation as soon as possible. Criminal charges with such intent are serious and often result in severe penalties if convicted. A skilled criminal lawyer can help you understand the charges, evaluate the evidence, and present the most effective defense strategy.

Every case is unique, and a skilled lawyer will tailor a defense strategy that best suits your particular circumstances. They may use various legal defenses, such as self-defense, mistaken identity, lack of intent, or insanity, depending on the facts of the case.

In some instances, your attorney may negotiate with the prosecution to have the charges reduced or reach a plea agreement that is more favorable than going to trial.

At LegalMatch, you can quickly find a qualified criminal lawyer in your area who is right for your case.

Law Library Disclaimer


16 people have successfully posted their cases

Find a Lawyer