What Is ‘Intent’ and Why Does It Matter So Much in Criminal Cases?

Intent is a key element in many, but not all, Maryland criminal cases. Generally, whether a crime requires intent or not depends on the specific language in the applicable statute. Whether intent applies to a specific offense may also depend on whether the case is a federal case or a state case.

Intent generally refers to the mental objective behind an action. In criminal law, intent (known as mens rea) may be a factor (along with a defendant’s actual conduct) in determining whether a defendant is legally responsible for a crime.

Examples of how intent applies in Maryland criminal cases

Some examples that illustrate criminal intent include the following:

DUI/DWI cases (intent generally not required)

Under Md. Code § 21-902, intent is generally not a factor in drunk driving cases. The purpose of Maryland’s DUI law is to prevent dangerous driving, regardless of the reason a person drank or drove. In Maryland, a driver can be charged with:

• Driving under the influence (DUI) if they have a BAC of 0.08 or higher, or if other evidence shows impairment under Maryland law. The limit is 0.04 or higher when driving a commercial motor vehicle.
• Driving while impaired, which may be shown by evidence of impairment. Certain BAC levels create rebuttable presumptions under Maryland law.

A skilled Annapolis DUI defense lawyer can attack a DUI offense on many grounds (such as that the police did not have grounds to stop a driver, or a field sobriety or breath test was not properly administered), but we generally cannot argue that the prosecution must show that you intended to drive unsafely.

Drug cases (intent is generally required)

One of the most common types of drug charges is possession of drugs. Under Md. Code § 5-601, simple possession requires knowing possession, while Md. Code § 5-602 addresses possession with intent to distribute. For example, let’s look at how Maryland treats marijuana.  Please note that marijuana is a type of cannabis. Here’s what’s considered legal and illegal:

• Legal possession of small amounts of cannabis. Generally, as of July 1, 2023, the possession of up to 1.5 ounces of cannabis flower, 12 grams of concentrated cannabis, or a total amount of cannabis products that does not exceed 750 mg THC, by someone 21 or older is legal.
• Possession of 1.5 to 2.5 ounces of cannabis. Possession is a civil offense, not criminal.
• Possession of more than 2.5 ounces of cannabis. The possession of more than 2.5 ounces of marijuana in Maryland is a criminal offense (generally a misdemeanor unless accompanied by intent to distribute). There are also some exceptions for medical marijuana.

The prosecution must prove intent to possess

Generally, it is not enough to show that a defendant had actual or constructive possession of marijuana. The prosecution must show that the defendant knowingly possessed the marijuana. Actual possession generally refers to having the marijuana on the person or inside the person’s wallet, purse, or bag. Constructive possession refers to the drugs being in a place, such as a home, that a defendant exercises control over.

Proving possession generally requires showing that a defendant knowingly possessed the marijuana. Intent, in the context of drug possession, generally refers to knowing and willingly possessing a controlled substance.

An example of where the prosecution may not be able to show the intent to possess marijuana is when someone else had access to the drugs, such as when several people are in a car where drugs are found in the trunk of the car. It’s a tough sell for the prosecution to argue that a passenger/non-owner who doesn’t have the key to the trunk had the intent to possess the drugs. Other factors that can affect the intent factor in drug possession cases include where the drugs are and the behavior of the people involved.

The prosecution must prove possession with intent to distribute

Section 5-602 states it is illegal to distribute, possess with the intent to distribute, or dispense controlled dangerous substances.

The statute provides as follows:

(a)    Except as otherwise provided in this title, a person may not:

(1)    distribute or dispense a controlled dangerous substance; or

(2)    possess a controlled dangerous substance other than cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance. [Emphasis added].

(b) (1)    Except as otherwise provided in this title, a person may not possess cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense cannabis. [Emphasis added].

A key factor in showing intent is the amount of drugs involved. Prosecutors can prove intent based on the quantity of cannabis and all other circumstances. Possession with intent to distribute 50 or more pounds of marijuana in Maryland is a felony. Penalties vary significantly based on the amount involved, prior convictions, and other statutory factors, and can include substantial prison time and fines.

The length of any sentence and the fines vary based on the amount of the drug, whether the marijuana transaction was within 1,000 feet of an elementary or secondary school, in a school vehicle, whether a minor was involved, and whether a defendant has any prior offenses for possession with intent to distribute.

Contact a skilled criminal defense lawyer

If you’ve been charged with a crime, you need an experienced lawyer who can help you assert all your defenses and a lawyer who understands how to work with and confront the people involved in the criminal process. You need a lawyer who understands what intent means, how intent applies to your case, and what defenses to proving intent you can assert.

Please call us instead of trying to defend yourself. We are here to help and be your advocate. Contact Drew Cochran, Attorney at Law, today. We’re ready to represent you now.