Malice

Also known as: Criminal Intent

In one sentence

The intentional desire to cause harm or the reckless disregard for the consequences of one's actions.

Plain English

Malice in criminal law means either an intentional desire to harm someone or a knowing disregard for whether your actions will cause harm. It doesn't always mean hatred or anger—it's a legal concept about state of mind. For example, if someone fires a gun into a crowd without caring whether they hit anyone, they act with malice even if they don't hate anyone. Malice is a key element in serious crimes like murder and can affect the severity of charges.

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Example

A man deliberately sets fire to an occupied building, knowing people are inside. His actions show malice because he intentionally created a deadly risk. He is charged with arson and potentially murder.

Used in a sentence

“The prosecutor argued that the defendant acted with malice aforethought when he stabbed the victim multiple times.”

Related terms

Homicide

The act of one person causing the death of another human being.

Assault

An intentional act that causes someone to fear imminent physical harm.

battery

Intentional physical contact with another person without consent.

intent

The defendant's conscious purpose or knowledge that their actions would cause a particular result.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

Expungement

A legal process that erases or seals a criminal conviction from your record.

Felony

A serious crime punishable by more than one year in prison or death.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.