Intent matters in Canadian criminal law cases. When facing assault charges, understanding the legal nuances between general and specific intent can be crucial to your defence. These terms relate to your mindset when the crime was committed and if you had pre-determined goals for the crime. 

This distinction greatly impacts the strategies you pursue and the outcome of your assault case.

Assault Charges: What Role Do Specific and General Intent Play?

This article will explain and discuss the distinction between general intent and specific intent as applied to assault offences. We’ll also discuss the implications of these critical legal concepts.

What is General Intent?

General intent refers to the intention to perform the physical act that constitutes a crime without needing to have intended the specific result of that act. 

Here’s an example:

In many jurisdictions, including Canada, simple assault is considered a general intent crime. 

If someone swings a fist in a fit of anger and hits another person, they can be charged with assault based on the intention to make physical contact, even if they didn’t intend to cause serious harm.

What is Specific Intent?

On the other hand, specific intent requires that the perpetrator intended to achieve a particular result through their actions. 

Here’s a possible example: 

If someone plans and carries out an attack with the intent to hurt someone, this is a specific intent crime. The jury would need to be convinced that the defendant aimed to cause serious injury.

How Intent Affects Legal Outcomes

The distinction between general and specific intent is not merely academic—it has real-world implications for how assault cases are prosecuted and defended.

• Burden of Proof: In general intent crimes, to obtain the conviction, the prosecution must demonstrate that the defendant intended to act the way they did. Conversely, in specific intent crimes, they must prove not only that the defendant intended the act but also that they intended some higher purpose or objective.
• Defences: Criminal defences like intoxication or mental incapacity that might render a defendant unable to form the required mental state apply only to specific intent offences. 
• Sentencing: A charge of specific intent can often lead to much harsher sentences since the crime is deliberate. If you know the charges against you, this can help you decide whether to negotiate plea deals or to prepare for trial.

Hire a Criminal Lawyer to Defend You Against Assault Charges in BC

Understanding the difference between general intent and specific intent in assault charges is important for anyone facing such allegations—the nature of the intent can influence the entire legal process.

Contact experienced BC defence lawyer Jerry Steele for personalized legal assistance to secure a powerful defence tailored to your situation.