Elements Of A Crime

In the July 2013, California Supreme Court case People v. Davis, Mr. Davis was arrested at a rave party after he sold blue pills to an undercover officer. The California Health and Safety Code lists methylenedioxy amphetamine (MDA), commonly known as Ecstasy, as a controlled substance. However, subsequent tests revealed that the blue pills contained MDMA, a similar substance that is not on the list of prohibited drugs. At trial, the officer testified that MDMA was a party drug that could affect a person for up to 24 hours — the officer did not give any further details. The jury — apparently reasoning that MDMA contained the word “meth” — convicted Mr. Davis.

On appeal, Mr. Davis’ criminal defense attorney challenged the conviction. The Court noted that the Health and Safety Code does include a provision that similar substances are implied to be on the prohibited list, if the defendant had the intent to circumvent the law by selling a slightly different substance. Because there was no evidence in the record that Mr. Davis had the requisite criminal intent, the conviction was reversed.

Basic Elements of a Crime

Some criminal offenses are regulatory offenses, such as DUI and running a stop sign. These offenses require no proof of criminal intent. All other crimes require proof of both:

  • A criminal act (actus rea)
  • Criminal intent (mens rea)

Criminal intent depends on the statute, but is most often defined as intentionally or knowingly committing a criminal act. Mr. Davis committed a criminal act by selling the MDMA, but he lacked the intent to violate the law.

At the Law Offices of Arash Hashemi, we provide clients with passionate and experienced representation. If you have been charged with drug possession or any other crime and would like to schedule an initial consultation with a lawyer at our firm, contact us by phone at (310) 448-1529 or contact us online. We promptly return phone calls and emails. Our office is conveniently located in the Westside Towers in West Los Angeles, within minutes of Santa Monica, Beverly Hills, and Westwood. We have flexible and weekend office hours, and we will visit you in jail to discuss your case.

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