Every criminal offense requires both a criminal act and an accompanying state of mind. An act is simply a movement of a part of the body and the criminality refers to the harm that ensues from the act. The state of mind is the most fundamental part of a criminal offense. The element of voluntariness is essential. Only when the criminal has chosen to commit crime and consciously and voluntarily acted can he be justly punished.
There are some issues proving voluntariness or lack thereof. For instance, if you were in possession of illegal drugs but did not know you had it because someone had slipped it into your pocket, you are not guilty because you did not possess it voluntarily. However, if you knew you had the drugs and had enough time to dispose of them but didn’t, it is reasonable to infer that you voluntarily kept the drugs and are therefore guilty.
If you have been arrested contact criminal attorney in Sacramento Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.
Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814