October 3, 2016 Criminal charges contain elements. These elements are conditions that, in part, define prohibited behavior and must be satisfied in order for charges to lead to a conviction for any given set of actions carried out by a citizen. In other words, an element is a subcomponent of a criminal offense, and each element must be proven beyond a reasonable doubt. All criminal charges contain a mental element. How is a mental state proven in court? The law presumes that the natural consequences of one’s actions were the intended result. For example, if a person handles a .357 magnum handgun, points it at the chest of another from point blank range, and pulls the trigger, the law presumes that the actor intended to kill the other since death is a natural, likely, and obvious result of this scenario. Attendant circumstances and all relevant evidence will be considered to establish a criminal mindset. For instance, testimony could be presented that demonstrates a person had knowledge of narcotics in the trunk of a car because a witness testifies that he observed a conversation between the accused and another establishing the knowledge. Intent RCW 9A.08.010 defines intent, as required by a criminal offense, by stipulating that “a person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a result which constitutes a crime.” Intent is an element in crimes ranging from murder in the first degree to theft. In the statute for theft, intent is used to establish that the actor purposely and permanently deprived the rightful owner of the property in question, and differentiates the act from unauthorized borrowing. In the statute for murder in the first degree, intent is qualified with “premeditation,“ which separates the act from murder in the second degree, a charge that also includes intent, but lacks the premeditation aspect. Knowledge Knowledge exists when a person is aware of specific facts, or when a reasonable person would conclude, based on attendant circumstances, that certain facts are true. Knowledge is a necessary element in offenses such as possession of controlled substance. This element separates the criminal act from that of an unwitting mule. Negligence Criminal negligence is a mental state that constitutes a “gross deviation” from the reasonable care or caution that a reasonably prudent person would observe under the circumstances in question. This state is characterized by the failure to become aware of a risk that the actor either knew or should have known existed. Recklessness Recklessness is a mental state similar to negligence but taken to a more extreme level. Recklessness involves the disregarding of a substantial risk and again, involves a gross deviation from conduct that a reasonable person would exercise under like circumstances. Get legal representation; let your true intentions be known. Intent, knowledge, negligence, and recklessness are very subjective concepts that vary from one person to another. These mental conditions can often be difficult to express but easy to misunderstand. If you or a loved one has been charged with a criminal offense and you believe the requisite criminal state does not apply, contact the criminal defense attorneys at The Nahajski Firm, in Seattle, at (206) 621-0500 for a free and confidential initial consultation. Let us explain your true mindset and refute the malice inferred by prosecutors.