Defense of Intoxication
The defense of intoxication can be a complete defense to any crime if the defendant can demonstrate that he or she was intoxicated involuntarily and that while he or she was intoxicated he or she could not appreciate the difference between right and wrong or appreciate the harmfulness of his or her conduct.
However, voluntary intoxication is a defense only to specific intent crimes and only if the defendant was so intoxicated that he or she could not have formed the specific intent to commit the crime. Specific intent crimes are crimes where the defendant specifically intended the harm that they created such as theft, murder, conspiracy, robbery, etc.
For general intent crimes, crimes where the defendant only intended general criminal activity but not specific action such as battery, DUI, disturbing the peace, etc, the defense of voluntary intoxication does not apply.
Involuntary means that the defendant did not know the substance that he or she imbibed or ingested was intoxicating. Furthermore, it does not matter what the substance was that created the intoxication (illegal drugs, alcohol, prescription medication, intoxicating industrial vapors, etc.).
Where intoxication is part of the offense then the defense of voluntary intoxication does not apply. For example, no defense of intoxication to the charge of being under the influence of drugs or alcohol or public drunkenness.
For more information on the defense of intoxication contact criminal defense attorney Christopher Dorado today for a free consultation. 909.913.3138
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