Will You Beat the Charge if You Were Drunk Or Stoned on Drugs

Many of us assume a defendant in a criminal case may likely go free because of being inebriated or high on drugs when he or she committed he crime they are charged with.

Defendants who want to escape their charge in this way will often claim their mental functioning was so impaired that they cannot be considered respondible for what they did.

The general principle, however, if the intoxication is voluntary it is not accepted as an excuse for criminal behavior.. People know (or should know) that alcohol and drugs affect their mental functioning, and thus they should be held legally responsible if they commit crimes as a result of their voluntary use.

This general principle does not hold at all times and in all states. For instance where the crime commited required “specific intent”. If the defendant is accused of committing a crime that requires what’s known as “specific intent” (intending the precise consequences, as well as intending to do the physical act that leads up to the consequences), the defendant may claim that he was too drunk or high to have formed that intent.

Normally this is considered will only take you part way because it doesn’t entirely excuse the defendant’s actions. In this situation the defendant will usually be convicted of lesser crime that doesn’t need proof of a specific intent – for example, assault with a deadly weapon instead of assault with the intent to commit murder.

Steven Louth is a Weld County criminal lawyer who exclusively practices Criminal Defense Law. If you need the help of an exceptionally experienced and dedicated attorney contact Steven Louth for a free case evaluation – 303-442-2297

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