When it comes to criminal law, there are many things that the law says that the state must prove before an accused person can be convicted. Regarding many crimes, the law requires proof of two essential elements, described in the Latin terms actus rea and mens rea. The first of those two means that you must have committed some type of overt act. The second means that you must have intended to commit that act. These elements, especially the intent one, can provide an opportunity for an accused person to mount a successful defense. However you choose to pursue your defense, it helps to have skilled Florida criminal defense counsel working for you.
A recent case from Miami, in which the defendant’s appeal was successful, shows the importance of intent. Carl, the defendant in this case, was a carpenter who did cabinetry work. One of Carl’s satisfied customers referred him to the customer’s aunt. Carl and the woman agreed to a deal, with the woman paying him $2,250 as a 50% deposit. The check was cashed the same day. Carl was supposed to complete the work in two weeks’ time. After several weeks, he stopped returning the woman’s calls. She eventually hired another carpenter to do her custom cabinetry work.
This might sound like the factual background of a civil lawsuit. The state, however, charged Carl criminally with third-degree grand theft and contracting without a license. The defendant asked the court to issue an order of acquittal in the case, but the judge denied that request. Carl was convicted and received a sentence of 60 months.