"Transferred" Intent
Many states recognize the criminal law doctrine of transferred intent, which, as the name would indicate, allows a defendant's intention to harm one person to be "transferred" to another person for the purpose of charging the defendant with a crime. For example, if a man shoots at a woman intending to kill her, but his bullet misses and wounds a child in the arm, that man can be charged with the attempted murder of the child even though he did not actually intend to kill the child because his intent to kill the woman would transfer over to the child.
Where this doctrine is most significant is in cases where a very serious crime, like first degree murder, can be charged against a defendant who did not actually intend to harm the individual that was killed by his actions. In a 1999 case called Millen v. State, the Tennessee Supreme Court recognized that Tennessee law would allow such a charge by concluding that Tennessee's statute did not require that the intent element of a crime had to be applied with respect to a particular victim, meaning that as long as the defendant intended to kill or harm somebody, the intent element is satisfied with regard to any individual who might be harmed by the defendant's actions.
This doctrine allows defendants to be charged with very serious crimes against individuals that the defendant had absolutely no intention of harming. If you or someone you know has been charged with a serious crime, contact an experienced East Tennessee criminal defense attorney for assistance with your case.
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