Intent Matters in Criminal Defense

 Posted on April 09, 2025 in Criminal Defense

 When it comes to allegations of criminal offenses, you might assume that the legal proceedings will only involve the hard facts of what happened. However, this is far from the truth. Sometimes, the difference between a conviction and a dismissal could hinge on intent. Proving a lack of intent can be a solid defense against many crimes.

At Magaña & Van Dyke, we represent clients accused of a wide variety of misdemeanor and felony charges. Our Denton, TX criminal defense lawyers will go over your case to explore all possible strategies for getting the charges reduced or dropped, including an intent-based defense.

What Is Criminal Intent?

The Texas Penal Code defines intent as committing an act with a "conscious objective or desire" in mind, leaving no room for accidents. This term is often used alongside other legal terms of culpability, like "knowingly" or "recklessly" which are less purposeful than intent.

Intent can have a significant impact on the outcome of a trial. For instance, if you strike someone with your car and kill them, you could be charged in various ways depending on whether you did it on purpose or it was an accident. At Magaña & Van Dyke, we can discuss the details of your case with you privately to better understand how intent will play a role in the possible sentence.

How Do Prosecutors Prove Intent?

It is of course very difficult to prove what someone’s motivations are without knowing their thoughts, so prosecutors will look for other indirect evidence to prove intent. To give a common example, a mere drug possession charge could be upgraded to possession with intent to distribute if the police found packaging materials around your home because that is not usually associated with drugs for personal use.

Keep in mind that the prosecution does not have to prove that you had intent with 100 percent certainty. To convict you, the prosecutor only needs to establish that you committed the alleged crime beyond a reasonable doubt. At Magaña & Van Dyke, we will review all of the available evidence and challenge any assumptions made against you.

The Importance of an Attorney

Having a skilled criminal defense attorney at your side can help you fight accusations of criminal intent. Since the burden of proof is on the prosecution to establish intent, a criminal defense lawyer can poke holes in the case against you by asserting that there is not enough evidence to prove you intentionally or knowingly committed a crime.

Consider the crime of soliciting a prostitute. Police officers may catch two people suspected of engaging in prostitution and arrest them both. However, if the prosecution cannot prove that the parties intended to engage in a transaction, a defense attorney can call the charges against you into question. At Magaña & Van Dyke, our lawyers can advocate on your behalf before a judge and make an argument for a lack of criminal intent.

Contact a Cooke County, TX Criminal Defense Lawyer Today

Have you been accused of committing a crime without solid evidence of intent? Our Denton County, TX criminal law attorneys can give you a voice in the courtroom and present your version of events to a judge. Call our offices at 940-382-1976 to schedule a free consultation today.