December 23, 2025 | Criminal Defense
Every criminal offense in Ohio must meet specific legal standards before a person can be found guilty of the offense. These standards are known as the elements of a crime, and they form the foundation of virtually every criminal case.
In general, the prosecution must prove four key elements beyond a reasonable doubt: mens rea (criminal intent), actus reus (criminal act), causation, and concurrence. If just one of these elements cannot be established, the prosecution’s case may not succeed. Each serves a unique function in determining whether a defendant is criminally responsible for an act.
1. Mens Rea: The Defendant’s State of Mind
“Mens rea” is Latin for “guilty mind.” It refers to the mental state behind the alleged crime in question. In Ohio, it can be the most important (and difficult) element for prosecutors to prove.
The Ohio Revised Code recognizes several levels of culpability, depending on the crime:
- Purposely: The defendant acted with the intention of bringing about a specific result.
- Knowingly: The person was aware that their actions would likely cause a certain outcome.
- Recklessly: The individual disregarded a known risk that their behavior could cause harm.
- Negligently: The person failed to exercise reasonable care that a prudent person would have used in similar circumstances.
For example, purposely shooting someone with the intent to kill is far more serious than accidentally discharging a firearm due to negligence. Mens rea can significantly influence the severity of the charge and the potential punishment.
2. Actus Reus: The Criminal Act
“Actus reus” translates to “guilty act.” It is the physical action (or sometimes the failure to act) that constitutes a violation of the law. This element must show that the defendant committed an illegal act voluntarily.
Common examples include theft, assault, and driving under the influence. In some cases, failing to act can also qualify as actus reus if there was a legal duty to intervene. For instance, a caregiver who fails to provide food or medical care to a child may be held criminally liable.
3. Causation: Linking the Act to the Harm
Causation connects the defendant’s actions to the result of the crime. In other words, the prosecution must show that the actus reus caused the harm in question.
Ohio courts generally require two forms of causation:
- Actual cause (cause-in-fact): The harm would not have occurred but for the defendant’s conduct.
- Proximate cause (legal cause): The harm was a reasonably foreseeable result of that conduct.
For example, let’s say someone pushes another person during an argument, and the victim later dies from the fall. The prosecutor would need to prove that the shove directly caused the death, as well as that it was foreseeable under the circumstances.
4. Concurrence: Connecting Intent and Action
The final element, concurrence, means that the defendant’s intent and the criminal act must occur at the same time. This ensures that people are punished only for actions they committed while they possessed a guilty mind.
For example, if a person breaks into an unoccupied home due to a severe snowstorm and only hours later (once they’re already inside) decides to steal food, they may not be guilty of the crime of burglary.
Contact Our Cincinnati Criminal Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation
If you’re facing criminal charges in Ohio, understanding these legal principles can be the first step toward protecting your future. A defense attorney can evaluate whether the state has sufficient evidence to prove every element of the crimes you’ve been charged with and identify weaknesses in the prosecution’s case from there.
Contact an experienced Cincinnati criminal defense lawyer at Suhre & Associates DUI and Criminal Defense Lawyers today to schedule a free consultation and get started.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
300 W 4TH St,
Cincinnati, OH 45202
(513) 333-0014
Our firm is located near you. We have an office in Cincinnati
Find us with our GeoCoordinates: 39.103661163237064, -84.51285189629841
