Elements of a Criminal Case
A respected criminal defense lawyer State College PA community members choose can help protect your rights if you have been charged with a crime. Facing a criminal charge is an unfortunate circumstance that no one wants to experience. You may also be worried about the potential repercussions from a criminal conviction. The impacts of a criminal charge can be long term and impact not only you, but also the ones you love. The compassionate and experienced attorneys at De Boef Lucchesi and Assoc., P.C., can work with you throughout the legal process. With our extensive combined experience, you can feel confident in knowing that you are in the capable and skilled hands of a skilled State College criminal defense lawyer.
Elements of a Crime Case
Before a person can be convicted of a crime, there are several factors that must proven by the prosecutor:
1. A Criminal Act
When someone’s behavior or actions break a law. A person is considered guilty of a crime if they acted voluntarily or their negligence resulted in harm brought to another person. An example of this may be when a person harms another person in a car accident when they were under the influence of drugs or alcohol.
2. Criminal Intent
A criminal defense lawyer in State College PA can explain in more detail but there are two types of criminal intent: basic and specific.
- Basic intent is more commonly used and is a primary way of establishing that someone is guilty in a criminal case. Basic intent means that a person has intentionally committed a crime but did not intend to cause harm by doing so. For example, if a person hits a pedestrian, it was likely due to their failure to observe traffic signs.
- Specific Intent means that a person had the intention of harming another person. This is often used in cases that involve burglary, embezzlement or even murder.
3. Criminal Occurrence
This is the idea that the criminal act and intent come together to form the basis of the crime. In order to prove that a person is guilty of a crime, the prosecutor must be able to prove that both of these elements occurred. A criminal defense lawyer State College PA locals recommend from our firm will make every effort to disprove your guilt.
Causation is when the crime results in intentional harm of another person. Factual causation establishes a connection between the criminal act and the occurrence of the act by utilizing the but-for test. The but-for test primarily asks whether harm would have been done if the person’s actions had never occurred. Legal causation is when a person knowingly causes harm to another person and is deemed responsible for doing so. A criminal defense lawyer State College PA residents trust can review the details of your case and determine if the but-for test applies in your situation.
5. Attendant Circumstance
Attendant circumstances are specific factors that must be at play in order for a crime to take place. This can include details surrounding the case such as the age of the victim or the location where the crime took place.
Criminal Defense Lawyer State College PA Believes In
Contact us today at 814.231.4050 so that we can go over the details of your case. De Boef Lucchesi and Assoc., P.C. has the experience you will require when it comes to receiving the support you need when going through such a stressful and trying time. Call a criminal defense lawyer State College PA offers from De Boef Lucchesi and Assoc., P.C. to find out how we can protect your rights.