Specific Intent vs. General Intent

Intent Requirement

In order to prove an intentional tort, such as assault or battery, the plaintiff must show that the defendant intended to commit the tort. Intent may be either specific or general.

Specific Intent

A defendant has specific intent when he or she acts with the intention to cause certain consequences and those consequences occur.

For example, a defendant swings a baseball bat at a plaintiff's head, hoping to cause severe injury to the plaintiff. The bat hits the plaintiff's head, causing severe injury. The defendant had the specific intent to commit a battery upon the plaintiff because he or she acted with the intention of severely injuring the plaintiff and the plaintiff was severely injured.

General Intent

A defendant has general intent when he or she knows with substantial certainty that certain consequences will occur and those consequences occur.

For example, a defendant pulls a chair out from under a plaintiff as the plaintiff is about to sit down. The plaintiff falls onto the ground and is injured. Although the defendant may not have intended to injure the plaintiff, the defendant had the general intent to commit battery because he or she knew with substantial certainty that pulling the chair out from under the plaintiff would cause him or her to fall onto the ground.

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If We Can Fight For Our Country, We Can Fight For You.

Attorneys Dan Jason and Claire Bradley Jason are Military Veterans with a combined 16 years on active duty as Captains and Judge Advocates in the United States Army. Dan served at several military installations, including as Trial Defense Counsel with the Army's 2nd Infantry Division, South Korea; and Group Judge Advocate with the U.S. Army Criminal Investigations Command, Ft. Gillem, GA. Claire is an Operation Desert Storm Combat Veteran and served in a host of other installations. After moving into the Reserves, both attained the ranks of Major before their honorable discharges in 2002. Dan and Claire received several awards for their military service.