What Is “Intent” in Florida Criminal Law—and How Prosecutors Try to Prove It

In a lot of criminal prosecutions in Florida, the entire case boils down to one element: intent. While it may be necessary for the prosecution to demonstrate the commission of an act by the accused, the prosecution must also establish the intent behind the act. Intentions, by their nature, are subjective thoughts, and it is unlikely that there will be any physical evidence of intent.

Understanding the law

Florida law provides for a large number of criminal acts that require proof of a specific state of mind. These include general acts, where it must be proven that the accused intended to commit an act. Specific intent crimes require the accused to have had a definite purpose or aim.

For instance, theft needs proof that the accused intended to permanently deprive the owner of their property. Other examples include some drug offenses, such as possession with the intent to sell.

How do prosecutors try to prove intent?

Since intent cannot be seen, prosecutors use circumstantial evidence. Circumstantial evidence can include acts you’ve taken, statements you’ve made, and other conditions surrounding the event.

One way of proving intent is by using actions. For example, the prosecution can prove you had trafficking quantities of drugs in your possession. Other evidence, such as scales or large amounts of cash, can also be useful. In cases involving theft, hiding the stolen merchandise can be grounds to prove intent.

Statements made by the defendant to law enforcement may also be relevant. Any statements made by the defendant, no matter how insignificant, can be considered as evidence.

In Florida, there are several cases where courts have recognized that in proving intent, one must make an inference. According to the case State v. Waters, it is clear that the State can use circumstantial evidence so long as it contradicts any innocent hypothesis.

Challenging intent in a criminal case

Since intent has to be inferred by a jury rather than proven directly, it can be one of the strongest points on which the defense can contest the charge. One effective tactic will be to suggest plausible alternative reasons for the defendant’s actions.

Thus, in drug cases, the defense can explain that the drugs were for personal consumption but not for distribution. In theft cases, the defense will try to prove that the defendant thought the property belonged to them.

Also, any discrepancy in the facts provided by the State can help undermine their case. This means that when the facts presented by the state can be interpreted in two different ways, the State’s task becomes much more difficult.

One other thing to consider is the legality of statements. If statements were obtained illegally from the defendant, then those statements cannot be used in the trial against the defendant. 

Talk to a Tallahassee, FL, Criminal Defense Lawyer Today 

Luke Newman, P.A., represents the interests of Tallahassee residents who are facing criminal charges. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.

Source:

law.justia.com/cases/florida/supreme-court/1983/61036-0.html