Legal Question in Criminal Law in Washington

criminal defense strategies

burglary charge

friend went to food bank

food bank employee stated something to the effect come in we can get him some food

another food bank worker apparently thought defendant meant to steal a computer

? How does one disprove the element of intent.

Any other defenses please

thank you


Asked on 11/14/07, 3:39 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: criminal defense strategies

Anytime you begin "disproving" a case you get into trouble. Remember, the prosecutor has the burden of proof, it is a high one, beyond a reasonable doubt. You should be hesitant to give that up by trying to "prove" things yourself. All you really need to show is that there is a reason to doubt that your friend intended to steal the computer.

So, what evidence does the prosecutor have that he intended to steal the computer? Did he start carrying it away?

Consent is your defense. If someone gives you something or allows you to be somewhere that you couldn't otherwise take or otherwise be, the defense is consent.

Who is your attorney and what court are you in?

At your service,

Read more
Answered on 11/14/07, 3:50 pm


Related Questions & Answers

More Criminal Law questions and answers in Washington