It’s not uncommon for a person to commit a crime because they were intoxicated. If there’s evidence that they would not otherwise have committed the crime, can intoxication be used as a defense? What about the oft discussed insanity plea we see on TV and in movies so often? Today we’ll explore the reality of these options as defenses against crimes. When you’re done reading, call Chambers Law Firm at 714-760-4088 for defense strategies for your specific case.
There are two types of intoxication
It’s not uncommon for a crime to involve intoxication, whether on drugs or alcohol. The reality is that when a person is under the influence of an intoxicant, they aren’t able to fully understand what they’re doing. As far as the courts are concerned, there are two types of intoxication: Voluntary and involuntary.
Involuntary intoxication
If you didn’t intend to take a substance that was intoxicating, then you may have a valid legal defense of involuntary intoxication. For example, if you were tricked or forced to drink alcohol or take some type of drug. This may also be valid if you took a medication and had an unintended and unexpected side effect.
Essentially, your criminal defense attorney would argue that you’re not guilty of a crime because you didn’t have intent to commit said crime, and that you weren’t able to comprehend what you were doing due to being involuntarily intoxicated.
Voluntary intoxication
On the other hand, voluntary intoxication is just what it sounds like: When a person consciously makes a decision to take a substance that they know will intoxicate them. In this case, it’s possible that an attorney could argue that the defendant didn’t have intent to commit the crime based on intoxication. However, it’s not generally a strong defense because the intoxication was voluntary.
The insanity defense
If a person has a mental disability then they may not be able to fully understand their decisions. That said, they can still be found legally culpable. It depends on the crime they’re accused of as well as their mental disability. If the court finds them legally insane, then they’ll get a not guilty verdict but will be sent to a psychiatric care center indefinitely.
In order to win with this defense, the attorney must be able to show that the defendant didn’t understand their actions. This may be easier to do with some charges rather than others. For example, drug crimes can be hard to win with this defense. It often isn’t the best defense, especially since the best case scenario is that the defendant gets sent to a psychiatric facility.
Only your attorney knows the best option for you
If you’re not sure what defense you should be using then you’re in luck: We can help. At Chambers Law Firm, we’ll use our extensive legal knowledge to consider every possible option. Reach out today at 714-760-4088 for a free case evaluation. You are not in this alone – we can help.
