Mens Rea

Mens Rea. I got caught shoplifting (retail theft), but i didn’t mean to take anything. This is all a big mistake. Will I be convicted.

You can argue to the judge, or jury, that your intent was not criminal when you left the store with items that did not belong to your, in other words, you had no mens rea. For example, you are in a clothing store at the mall and you see a display in the window. You step out of the store with the item in your hand to compare it to the one in the window. If this is the case, you may not be convicted. This type of defense really depends on the actual facts.

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