November 11, 2025 | Criminal Law
Learning about how criminal charges work begins with the basic structure of every offense. Most crimes contain four core elements that the state (the prosecutor) must prove beyond a reasonable doubt. These include the criminal act, the required mental state, the connection between the act and mindset, and the link between the conduct and the final result.
If any of these elements is missing, the charge cannot stand. Read on to learn more about what the four legal elements of a crime are and how a defense lawyer can help you assert your rights.
1. Actus Reus: The Criminal Act
The first element is the physical act that constitutes a violation of the law. This can involve things like an action, a failure to act when a legal duty is present, or possession of an illegal item. The prosecution must show that something actually occurred that matches the statute.
Examples of actus reus include:
- Taking property that belongs to someone else
- Operating a vehicle while impaired
- Possessing a prohibited weapon
If the alleged conduct never happened or if the conduct does not meet the requirements of the statute, this element collapses, and the case against you could weaken immediately.
2. Mens Rea: The Required State of Mind
The second element is the mental state that accompanied the act. Many crimes require the defendant to act intentionally, knowingly, or recklessly. Some statutes require proof of criminal negligence. The level of mens rea varies depending on the offense.
This element is important because the law treats accidental conduct very differently from intentional conduct. If the evidence reveals a mistake of fact, an accident, or a misunderstanding that undermines the mental state, the prosecution may be unable to proceed.
A small number of offenses (such as statutory rape) are strict liability crimes, meaning they do not require any mental state. In these instances, the state only proves the act and the surrounding circumstances listed in the statute.
3. Concurrence: Timing Between Act and Mindset
The third legal element of a crime is concurrence. The act and the mental state must exist at the same time. A guilty mind formed after the act will not satisfy this requirement. The prosecution must connect the physical conduct to the mental state that the law requires.
This element often comes into play when the evidence shows confusion or shifts in the defendant’s behavior. If the prosecutor cannot establish a connection between the intent and the act when it occurred, the case may not meet the requirements of the relevant criminal law.
4. Causation: Linking Conduct to a Result
Causation is required when the crime involves a specific harm, such as injury or death. The state must show that the defendant’s conduct caused the result in fact and in law.
Causation usually has two parts:
- The result would not have happened without the conduct, and
- The result was a natural and foreseeable consequence of the conduct (proximate cause).
If an independent event breaks the chain of causation, the state may not be able to prove this element.
How These Elements Shape a Defense Strategy
Identifying possible weaknesses in these four elements is the foundation of many defense strategies.
For example, a defense lawyer may:
- Challenge whether the alleged act occurred at all
- Argue that the mental state is unsupported by the evidence in question
- Show that the intent and the act did not occur at the same time
- Highlight an intervening event that disrupts causation
These arguments work because the burden rests entirely on the state. If the prosecution fails to prove even just one element, the jury may find the defendant not guilty.
Contact a Dayton Criminal Defense Lawyer for a Free Consultation
These four elements of a crime set the standard for the entire criminal justice process, and any gap in the prosecution’s proof can create a path toward a favorable outcome. If you’ve recently been charged with a crime, one of the best steps you can take is to hire an experienced defense attorney to guide you through the proceedings, including representing you at trial if need be.
Call Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free case review with our Dayton criminal defense lawyers.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129,
Dayton, OH 45402
(937) 531-0435
