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What is the difference between intent and intent to kill?


Asked by Kimberly Esparza on Nov 29, 2021 FAQ



In contrast, where the defendant intends to kill one person but ends up killing another, there is still only one intent—the intent to kill.
And,
For example, most first degree murder is defined by the specific intent to kill. Sometimes specific intent is also applied to the intent to cause harm beyond what was accomplished, for example, assault with intent to kill. General intent is a much more abstract concept, one difficult to put a finger on.
Furthermore, In order for an individual to commit a specific intent crime, she or he must: (1) have a desire to commit an intentional unlawful act; and, (2) intend for that unlawful act to achieve a specific result.
Just so,
The difference between the two crimes is that assault with intent to murder or maim requires the prosecution to prove beyond a reasonable doubt that the defendant possessed a desire to inflict injury, harm or suffering, otherwise known as malice.
Subsequently,
To convict an individual in either of the crimes described above, the prosecution must prove that the defendant possessed a specific intent to kill the victim. Because the element of intent is a state of mind, it must usually be inferred from the facts of the case, as direct evidence of ones mental state rarely exists.