Criminal Defense Attorney
As homicide lawyers know, in a criminal case, the prosecution must prove (beyond a reasonable doubt) both an “actus reus” as well as a “mens rea.” That is, in a criminal trial, the prosecutor needs to convince a jury that the criminal defendant not only committed a guilty act (the “actus reus”) but also that the act was committed with a guilty or criminal mind or intent (the “mens rea”). But what does it mean to have a “guilty mind?” Perhaps not what you think.
Different Intents for Different Crimes
It is a common misconception that, before a person can be found guilty of a crime, that person must have intended to commit that particular crime. But that is not necessarily true. In fact, the majority of criminal statutes recognize four different levels of criminal mental states, which include:
Intentional: When a criminal statute requires “intentional” conduct, the prosecution must show that the defendant consciously acted with the goal of either committing the act or causing the result. For instance, a person who intends to pull the trigger of a loaded gun while that gun is pointed with the goal of killing that person has acted intentionally.
Knowingly: A person acts “knowingly” when he or she is aware of circumstances that exist and/or the nature of his or her conduct. Suppose an individual is charged with manufacturing or delivering a controlled substance. The law requires that a person do these things “knowingly” before the person can be found guilty of the criminal offense. This would require proof that the person knew that what he or she was manufacturing or delivering was a controlled substance, even if it wasn’t the person’s specific intention to do either.
Recklessly: A person acts recklessly when that person is aware but disregards a “substantial and unjustifiable” risk that circumstances exist or would result. For instance, suppose that a person points a gun in the area of a large crowd (but not at anyone in particular) and fires a gun. This behavior is certainly reckless because, even though the person may not intend to shoot any particular person, shooting a gun in the direction of a crowd creates a significant risk that someone will, in fact, be hit by the bullet.
Criminally Negligent: A person acting with criminal negligence is one who should be aware of a significant risk or that a certain result would occur. For example, suppose two friends are playing with guns by pointing them at one another and pulling the trigger, believing the guns to be unloaded. Unfortunately, one of the guns is not unloaded and one of the friends is shot and dies. The shooter can be charged with criminally negligent homicide for his actions.
Seek Assistance from a Homicide Attorney
A solid defense to criminal charges includes requiring the prosecution to prove all elements of its case beyond a reasonable doubt – including that you acted with the mindset and intent required by the particular criminal statute. This requires an attorney who knows how to review the evidence in a criminal case and bring out the facts, circumstances, witnesses, and other evidence that show a lack of mens rea. If you have been charged with murder, contact a murder lawyer in San Francisco, CA today and let them defend your rights against these charges.
Thanks to The Morales Law Firm for their insight into criminal law and homicide defense.
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I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!Posted on Google
TomDave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .Posted on Google
kendall carpenterDave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.Posted on Google
Amanda StallardRetaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.Posted on Google
Mark WestMr Albo was very professional and I was pleased with the outcome.Posted on Google
MDavid was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.Posted on Google
mitquinn88Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.Posted on Google
G RThanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case. I highly recommend him - you will be in good hands for sure. From start to finish he provided expert counsel and kept me well informed. He simply could not have done a better job.Posted on Google
Hope CarriganI am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and grateful; I highly recommend retaining his services. Well beyond worth it!!Posted on Google
Doug DamronDave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.
