When can intoxication be used as a defense? Many people try to bring this defense when the defendant has committed a crime but blames it on being intoxicated at the time that it happened. They claim that they did not understand what they were doing at the time due to being intoxicated. You might wonder if you would be able to bring a claim like this and, though it may be difficult, it is not always impossible.
Involuntary and Voluntary Intoxication
One very important distinction that has to be made in your case is whether you were voluntarily or involuntarily intoxicated at the time that the crime took place. Today we will take a look at both of these.
Involuntary: This is more likely to be used as a valid defense and accepted by law because it happens when someone is tricked into consuming alcohol or drugs. For example, what happens if you were given a date rape drug by a party and committed a crime? You had no control over this, so this could be used as a defense, though you will need to be able to back up this claim.
If you did not have specific intent to commit a crime, then this can be used as a defense.
Voluntary: It is more difficult to bring these defenses. You can bring this defense as a way to say that you were too intoxicated to form intent to commit a crime. You might still be liable for a crime in these cases, but you might receive lesser charges if you are able to prove these aspects.
When it comes to intoxication as a defense, you might find many difficulties in your case. This is why it is important to turn to an attorney and not handle the case on your own. Call us for more information on how to get started.