VII. 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 is the most important of these defenses, because it acts as a complete defense to a charge. Note, this is not simply you going to a party, and friends pressuring you to drink more or to consume more drugs, and then you commit a crime later. Rather, it is focusing on people who are literally “drugged”, without any knowledge of having consumed any intoxicating matter. This can also be shown if, for example, someone gives you a marijuana cigarette, but you find out later it was not in fact marijuana, but a mixture of much more severe drugs like cocaine, methamphetamine and heroin. That, would again be considered an involuntary intoxication defense because you did not choose to consume those three drugs. For more information on the defense of intoxication, call Ontario Criminal Defense attorney Adam Jackson today for a free consultation and free case evaluation. Call today at 909-939-7126. Located in Ontario, CA.