Massachusetts Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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FAQ
A specific intent crime is a criminal act that is carried out with the intent to achieve an additional result. Burglary is a classic example of a specific intent crime. Burglary is the act of entering a structure with the intent of committing a theft or any felony.
Second-degree murder is less serious than the crime in the first degree but more serious than homicide in the third degree. However, whether the murder charges are in the first, second, or third degree murder, the penalties are quite serious and can alter your life for the worst.
First degree murder is one of the most serious charges that can be brought against a person, and it carries with it significant penalties. If you are convicted of first degree murder, you will likely be sentenced to life in prison without the possibility of parole.
However, if a person is to be convicted of first degree murder, all jurors must agree upon the degree of murder as first degree, People v. Milan (1973) 9 Cal. 3d 185, 195. Consequently, the conviction for first degree murder was reversed and the case remanded to the trial court for a new trial.
In California, it is generally presumed that the defendant intended to perform an act which he or she has done. However, for crimes that require specific intent, that intent must be proven beyond a reasonable doubt.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
There are four different levels of intent that a person can have when committing an offense: purposefully, with knowledge that it is a crime; knowingly, with awareness that it is a crime; recklessly, with the purpose of causing a result/consequence with disregard for the consequences of committing the crime; or ...
Specific intent designates a special mental element that is above and beyond any mental state required with respect to the actus reus of the crime. [2] Specific intent is a term used to describe a state of mind that exists where a defendant objectively desired a specific result to follow his act.