Principle of Concurrence

Under Florida criminal law, the principle of concurrence refers to the requirement that a defendant's intent and their actions must align to establish criminal liability. Clearly stated: a criminal defendant must possess the requisite intent to commit the crime AND take steps toward performing some act that furthers the commission of that crime. The guilty mind (intent/mens rea) and guilty act (actus reus) must both be present. This is particularly important under the framework of principal liability. Florida Statute 777.011.

Mens Rea (Guilty Mind)

Mens Rea is the mental state that accompanies a criminal act. The mental state, or intent, at common law was a necessary element in proving a crime. Under Florida case law, this principle has been continually held to be required. However, where a statute is silent on mens rea, Florida courts tend to presume intent is implied unless there is express language in the statute showing intent is not an element of the crime.

As with anything in the law, there are exceptions to the mens rea requirement. This can be seen in certain strict liability offenses. Strict liability offenses have been deemed to have public policy considerations that justify imposing liability regardless of proof of intent or knowledge. Examples of strict liability offenses are DUI manslaughter, statutory rape, drug offenses in proximity to certain locations (such as selling or delivering controlled substances within 1,000 feet of schools, childcare facilities, or places of worship), and dog bite liability.

Where only circumstantial evidence is used to obtain a conviction, there is a special standard that applies under Florida law. This standard requires that “[w]here the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence." McArthur v. State, 351 So. 2d 972, 976 (Fla. 1977). Simply stated: if the state fails to present evidence from which the jury can exclude every reasonable hypothesis except for guilt, then an acquittal (dismissal of charges) is the only appropriate conclusion.

Actus Reus (Guilty Act)

Actus reus is the physical act or omission that has been designated as a criminal offense. This is a voluntary act or a failure to act when there is a legal duty to do so. Under Florida law, the actus reus is established by proving intentional actions by a person that constitute an essential element of the charged offense. Actus reus must go beyond mere preparation. There must be a demonstration of an overt act that shows the intent to commit the crime. Whether an act is mere preparation or an overt act is fact specific. Therefore, each case must be evaluated based upon existing facts.

Conclusion

If you are facing criminal charges under the law, ignorance of the law is not usually a valid defense. When mens rea and actus reus are being examined, the State of Florida will have prosecutors who understand what is required to prove each element of the crime against you. In order to protect yourself and your rights, it’s important to have a zealous advocate (attorney) on your side.  

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