Understanding the Building Blocks of Crime
Who doesn’t like building blocks? Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to make law easy by talking about the building blocks of a crime.
We got a question recently asking, “What are the elements of a crime?” and I thought it was a great opportunity to break that down.
The Two Main Components of a Crime
At its core, a crime has two main components: mens rea and actus reus. These are Latin terms we use in the legal world. Mens rea is the mental state, what was in your mind at the time? Did you mean to do it? Was it intentional, reckless, or negligent? For example, if you purposely punched someone in the face, that’s intentional. But if you were just flailing your arms and accidentally hit someone, that’s a whole different level of intent, or lack of it.
Then there’s actus reus, which is the physical act itself. It’s not enough to just intend to do something bad; there has to be an actual criminal action. Say I believed throwing my fist in the air was a crime and I did it on purpose, if that act isn’t illegal, there’s no crime. The intent alone isn’t enough. You have to have both: the guilty mind and the guilty act.
The Importance of Intent and Action
That’s why understanding both pieces is crucial. If either is missing, no intent or no illegal act, you don’t have a crime.
If you’re facing charges and don’t think what you did even qualifies as a crime, give me a call. We’ll walk through the elements together and see if the facts support the charges. Let’s start building your defense.
Schedule a Low-Cost Initial Strategy Session
My name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy. Reach out and call me at 918-879-1681 to schedule a low-cost initial strategy session. Together, we can begin building a strong legal defense that addresses your situation.
