Understanding the Basics of Criminal Law
What are the elements of a crime? Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by just talking a little bit about what constitutes a crime.
Key Components of a Crime
Regarding criminal law, every offense is generally broken down into two key components: mens rea and actus reus.
Mens rea refers to the mental state or intent behind the alleged crime. Take first-degree murder as an example. To prove that charge, the prosecution must show that the accused acted intentionally and with premeditation — that is, they made a deliberate decision to commit the act, planned it, and carried it out purposefully. It wasn’t an accident or a heat-of-the-moment decision — it was a calculated action.
Actus reus, on the other hand, is the physical act itself — the conduct that constitutes the criminal offense. In a murder case, that could be pulling the trigger, using a knife, or even poisoning someone. Whatever the method, this is the tangible part of the crime — the execution of the plan.
Analyzing Mens Rea and Actus Reus
When I review criminal cases, I always analyze these two elements concerning the facts. Was there actual premeditation, or was it more of a reckless or impulsive act? Did the defendant’s conduct meet the criteria outlined in the statute’s actus reus?
If you’re curious about how Oklahoma defines the elements of a specific crime, you can go to OSCN.net (the Oklahoma Supreme Court Network). Under the “Legal Research” section, you’ll find the Oklahoma Uniform Jury Instructions. These spell out the required mental and physical elements for virtually every crime on the books in our state.
Understanding Allegations and Seeking Clarity
If you’re facing criminal charges or just want to understand the allegations against you more clearly, don’t hesitate to reach out. I can help you compare the elements of the crime to the facts of your case and determine whether the prosecution’s claims actually hold up. Give me a call and let’s talk through it.
Your Path Forward: Start with a Strategy Session
My name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy. Reach out at 918-879-1681 for a low-cost initial strategy session, where we can discuss your case and find a path forward together. Don’t navigate these complex legal waters alone — call today.
