Intoxication

This defense does not mean that if you were too drunk while committing the crime, that you cannot be found guilty of it. It simply means that if you are under the influence of any drugs or alcohol that you did not choose to consume, then you are not guilty of the crime alleged. However, if you do voluntary choose to intoxicate yourself, that by itself could act as a defense to “Specific Intent” crimes,  because your intoxication would be able to negate the Specific Intent to commit the crime.

Voluntary intoxication will not help at all if you are a charged with a “general intent” crime. When the definition of a crime consists of only the description of a particular act, without reference to intent to do a further act or achieve a future consequence, we ask whether the defendant intended to do the proscribed act. This intention is deemed to be a general criminal intent. Thus, voluntary intoxication would not negate a “General Intent” crime.

Involuntary intoxication stands out as a crucial defense, serving as a complete shield against charges. It’s not about succumbing to peer pressure at a party, consuming substances, and later engaging in criminal behavior. Instead, it pertains to individuals who are unknowingly drugged without their consent. For instance, if someone hands you what you believe to be a marijuana joint, only to discover later it’s laced with potent drugs like cocaine, methamphetamine, and heroin, this constitutes involuntary intoxication. In such cases, where the consumption was not by choice, this defense applies. To gain a comprehensive understanding of the intricacies surrounding intoxication defenses and how they apply to your specific situation, don’t hesitate to get in touch with Adam Jackson. Adam is a highly regarded Ontario Criminal Defense attorney with a wealth of experience in handling a wide range of cases. By scheduling a complimentary consultation and case assessment with Adam, you can receive personalized insights and guidance tailored to your needs. Contact our office today at (909) 939-7126 to take the first step in addressing your legal concerns. Conveniently located in Ontario, CA, we are here to assist you every step of the way.