Lara Bracamonte Davila

Doing What Is Right For You

Why motive matters in your criminal case

On Behalf of | Nov 21, 2024 | Criminal Law

Before prosecutors can obtain a conviction, state law often requires that they prove the defendant’s intent. For example, in an embezzlement case, prosecutors must prove that the defendant intended to convert the assets in question for their own personal use. Showing a mistake is insufficient for conviction.

Therefore, although the state isn’t required to demonstrate motive for committing the crime in question (i.e. the reason you committed the crime), it can go a long way toward helping prosecutors establish intent.

It depends on the circumstances. In some instances, you might be able to simply call credible witnesses to testify that the prosecution’s theory of the case is wrong. Under different facts, you might be able to establish an alibi that blasts the prosecution’s case out of the water. Another option at your disposal is attacking witness credibility. If you can show the jury that the prosecution’s witnesses who speak to alleged motive are untrustworthy, then the jury is going to be less convinced that the prosecution has proven intent.

So, as you prepare your criminal defense by requesting documents from the prosecution and deposing their witnesses, seek to understand the state’s theory of the case. Once you know what they intend to prove, you can set out to poke holes in their arguments.

Aggressively attack the prosecution’s case to build an effective criminal defense

Your freedom and your future are on the line in your criminal case. Therefore, you should fight with everything you’ve got to protect yourself as fully as possible. This requires knowledge of the law, fearlessness in the presentation of legal arguments, and a commitment to understanding how the rules of evidence apply to the facts of your case. If that’s something that you think you need help with, then consider finding any support that you may need.