The prosecutor is not required to prove that the defendant meant to cause whatever outcome resulted from their actions. Referring back to Bill and Barry, under the first subsection of the law, just purposefully punching Barry is enough to prove Bill intentionally meant to commit the offense.
Under the second subsection of battery law, if Barry knew he was going to hurt Bill as a result of punching him, that would demonstrate specific intent. Backed by over 30 years of combined legal experience, our lawyers know what it takes to win complex criminal cases.
Motives can be good or bad and may not always be present. A motive comes down to the reasons for making a decision or refusal to act. Even if the prosecution proves that a motive exists, they must still prove criminal intent to pass a guilty verdict.
Motive comes before intent. Uncovering motives can determine the reasons for committing the act. Motives are often used by investigators when narrowing their list of suspects. A motive has perhaps the greatest effect on a case during sentencing.
Regardless of motive, proving intent is the driving force behind surmising guilt. Even if a crime has been committed, the accused may eventually be found not guilty due to a lack of intent. In the eyes of the law, they carry different weight with regards to a criminal prosecution. The knowledge will help you understand the case and build your protection. Request A Confidential Consultation. Motive vs. Intent: Which is the Criminal Element in Texas?
Posted By: John Floyd.
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