Some criminal defendants may claim that they were not of sound mind or were not lucid at the time that their alleged crime was committed, and therefore should not be held liable for it. Indeed, in some cases, claiming intoxication may even be a viable defense against criminal charges — but only in very specific circumstances. If you believe that you consumed drugs or alcohol against your will and without your knowledge and this led to the occurrence of a criminal act, you may have a viable defense. At The Law Office of Paul R. Moraski, we can help. Call us today to learn more about using intoxication as a defense.
Can You Use Intoxication As a Defense?
In the vast majority of cases in Massachusetts, intoxication is not a defense — most judges are not sympathetic to hearing a criminal defendant explain that they wouldn’t have committed a crime but for being intoxicated, particularly if there is a history of alcohol or drug abuse. However, both voluntary and involuntary intoxication may serve as defenses when:
- Finding the defendant guilty requires proving their intent beyond a reasonable doubt and, due to their level of intoxication, such intent is in question; or
- The defendant was intoxicated against their will, and the intoxication rendered them incapable of understanding their actions or consequences.
Limitations to Using Intoxication As a Defense
While intoxication may be used as a defense in the two scenarios described above, defendants should be careful about using it broadly. In most cases, voluntary intoxication will not be a defense, especially if the prosecution can prove that the defendant had knowledge that the ingestion of drugs or alcohol could lead to irresponsible activity that could have criminal implications. For example, if a person has a mental health condition and they know that the condition worsens when they consume drugs or alcohol, they could not use voluntary intoxication in their defense if that defense included an argument that they were impaired or lacked intent due to their mental state.
When Do You Need a Criminal Defense Attorney?
Understanding the various tactics and defense opportunities that may be employed in a criminal case can be overwhelming, particularly when you are experiencing fear and anxiety around your future. When you work with a skilled criminal defense attorney, your attorney will be responsible for advocating for you and building your case, including exploring various defense options or negotiating a plea bargain with the prosecution.
Call The Law Office of Paul R. Moraski Today
If you have been charged with a crime and you think your intoxication — whether voluntary or involuntary — played a role, you should speak with our Massachusetts criminal defense law firm as soon as possible. You can reach our team at (978) 397-0011 or send us a message online to get started.