Lack of Intent Defense in Missouri. Some crimes in Missouri are crimes regardless of the defendant’s intentions, while others require that the defendant committed a crime on purpose. For the latter, “lack of intent” can be a strong defense if you can demonstrate that you didn’t mean to commit a crime. Essentially, in some cases, telling the state, “It’s not my fault because I didn’t do it on purpose,” can actually get you off the hook (even if it didn’t work with your elementary school teacher). However, explaining that to a judge and jury, and for the lack of intent defense to be successful, you need an experienced Missouri criminal defense lawyer with a deep understanding of Missouri criminal law who can advocate for you in court.
Lack of Intent and Missouri Law
For many criminal charges in Missouri, establishing guilt means establishing the defendant’s intent to commit the crime . There are two primary types of intent:
- Specific Intent: This refers to when a person intends to achieve a specific result from their actions. For example, in cases like robbery, the defendant must have intended to permanently deprive someone of their property.
- General Intent: This involves acting with the knowledge that certain consequences will likely occur from one’s actions, even if the specific outcome wasn’t the primary goal. For instance, a person may not intend to injure someone but can be held liable for battery if they recklessly engage in conduct that leads to harm.
If you did not have either a specific or general intent to commit a crime, it can serve as a defense against various charges if you can demonstrate that you did not possess the required mental state (mens rea) necessary for conviction. In conjunction with the physical act of committing a crime (actus reus), both elements must be proven for many criminal offenses.
Common Examples of the Lack of Intent Defense in Missouri
Many criminal statutes in Missouri specifically mention intent as part of the crime.
For example, with the offense of stealing, Missouri Revised Statute §570.030 specifically states that a person commits the crime “with the purpose to deprive” someone else of property without permission.
In another instance, a charge of murder may be reduced to involuntary manslaughter if you can demonstrate that you did not intend to kill the other person.
Here are some other common examples of when you may be able to use the lack of intent defense in Missouri:
- Drug Charges: A defendant who unknowingly possesses illegal substances—such as finding drugs in a friend’s bag without realizing it—may argue that they had no intent to commit a crime. Similarly, if they had paraphernalia associated with selling drugs but did not have drugs in high quantities, they may argue they only intended to use the drugs, not sell them.
- Forgery: A person may claim lack of intent if they unintentionally sign a document they believe to be legitimate but later discover it was forged. For instance, if someone unknowingly uses a fake check that was given to them, they may not have intended to commit fraud.
- Public Disorder Offenses: A person charged with disorderly conduct might claim a lack of intent if their behavior was provoked by an unexpected incident, such as being suddenly confronted by aggressive individuals, leading to an emotional reaction without the intent to disturb the peace.
- Financial Crimes: A business owner accused of embezzlement might assert lack of intent by demonstrating that they did not understand the transactions as illegal or fraudulent, especially if they were misled by an employee.
- Criminal Trespass: If someone enters a property without realizing it is private—such as walking into a backyard mistakenly believing it to be a public space—they might claim lack of intent to trespass.
- Child Endangerment: A parent could argue a lack of intent if they left a child unsupervised or with other people for a brief moment, believing they were in a safe environment, thus claiming they did not intend to place the child in danger.
- Accidental Injuries: In civil and criminal cases where injuries occur accidentally, the defendant can assert that they lacked intent to cause harm.
- Mistake of Fact: If a defendant had a genuine belief in a fact that negated their intent, such as believing they had permission to use someone else’s property, this could serve as a defense.
When Is Lack of Intent Not a Defense in Missouri?
Depending on the severity and nature of the crime, there are also many cases where lack of intent is not a valid defense. These are called strict liability crimes:
- Rape and Sexual Assault: Under Missouri Revised Statute §566.030, having sexual intercourse with someone unable to consent is a crime regardless of the circumstances. For example, if you claim you were too drunk to understand if the other person consented, it is still a crime. This applies to other sexual crimes like statutory rape.
- DWI/DUI: If you’re arrested for having a BAC over the legal limit, you cannot claim that you did not know you were over the legal limit.
- Crimes Requiring Recklessness or Negligence: Some crimes simply state that you have to have caused harm through reckless or careless actions, even if you did not intend to. This is commonly used to differentiate between degrees of crimes. For example, First Degree Assault requires intent to threaten or harm someone, while Fourth Degree Assault does not.
- Felony Murder: In Missouri, you can be charged with Second Degree Murder if someone dies while you are committing a felony. For example, if you commit armed robbery and one of the people with you killed a security guard, you would still be charged with Second Degree Murder even though you did not intend for anyone to die.
- Many Traffic Offenses: We’re all expected to drive safely, and we’re all responsible for any harm we do if we break traffic laws. For example, if you caused an accident while speeding, you can still be charged with reckless driving even though you did not intend to cause the accident.
How Does Proving Lack of Intent Help My Case?
Successfully proving a lack of intent in a criminal case can lead to several significant outcomes. When the defense demonstrates that the defendant did not have the requisite mental state for the crime charged, it can result in:
- Reduced Charges: In some cases, establishing a lack of intent can lead to lesser charges being filed. For example, if you are charged with First Degree Assault but did not intend to cause harm, you may have your charge reduced to Fourth Degree Assault, which is a crime if you only “recklessly” cause harm. This would lead to lighter sentencing.
- Dismissal of Charges: In instances where lack of intent is compelling, the court may dismiss the charges entirely. For example, if a defendant can show they unintentionally committed a crime—such as accidental possession of illegal drugs—they may avoid prosecution altogether.
- Impact on Sentencing: If the case proceeds with lesser charges or is not dismissed, a proven lack of intent can influence sentencing. Judges often consider intent when determining appropriate penalties, and a lack of intent may result in a more lenient sentence.
- Strengthening the Defense: Establishing lack of intent can bolster the overall defense strategy, potentially leading to acquittal. It shifts the focus away from guilt and toward the context of the actions taken, which can be particularly effective in cases involving accusations of reckless or negligent behavior.
How Combs Waterkotte Can Help Demonstrate Lack of Intent in Missouri
Combs Waterkotte‘s experienced criminal defense attorneys are dedicated to thoroughly investigating every aspect of your case to identify potential defenses based on lack of intent. We leverage our knowledge of legal standards and precedents to build a robust defense strategy that can challenge the prosecution’s claims.
If you are facing criminal charges and believe that lack of intent may apply to your situation, we are here to help. Our team will work tirelessly to protect your rights and advocate for the best possible outcome in your case. Contact us online or call (314) 900-HELP for a free case review today.
