It is a tale as old as time: a bar fight fueled by liquid courage. When the dust settles and legal consequences loom, you might find yourself asking critical questions about your future. One of them could be whether being under the influence provides a valid defense against assault charges. The answer is that it depends.
Two types of intoxication
In California, the law identifies two types of intoxication: voluntary and involuntary.
You experience voluntary intoxication when you knowingly consume alcohol or drugs. In contrast, involuntary intoxication occurs if you unknowingly ingest an intoxicating substance, or someone forces you to do so against your will.
When intoxication might matter
The defense of intoxication in assault cases is subject to certain limitations and hinges on various factors:
- Intent
- Voluntary vs. involuntary intoxication
- Severity of the charge
- Prior convictions
In California, voluntary intoxication rarely serves as a complete defense, but it can sometimes reduce charges or penalties. Courts may consider it a factor in determining if you had the mental state to commit the crime.
Suppose you are facing charges of assault with intent to cause great bodily injury. In that case, your intoxication might be relevant in determining if you had that specific intent. But for simple assault, which does not require specific intent, intoxication is less likely to serve as a defense.
Involuntary intoxication may offer a stronger legal defense in certain circumstances. One such instance could be if someone spiked your drink without your knowledge. This action may lead you to something you would not normally commit, and intoxication may be a valid defense strategy.
The success of an intoxication defense is highly case-specific. Factors such as available evidence, witness testimony and legal precedent significantly influence the outcome.
If you encounter assault charges and intoxication is a factor, consult a qualified attorney as soon as possible. They can offer crucial support and direction in your legal journey. Your freedom and future may depend on it.
