Davis County Utah

Addiction Issues in Utah Criminal Defense


Stephen Howard — Stone River Law

Can addiction be used as a legal defense to a Utah criminal charge?

Drug addiction plays a major role in many Utah criminal cases – even cases that are not traditionally viewed as “drug crimes.” Addiction itself does not provide a defense to criminal liability. But under Utah criminal law, both voluntary intoxication and involuntary intoxication can provide a defense to criminal prosecution under certain limited circumstances.

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Intoxication Negating Mens Rea

The key factor in most cases involving drug use or intoxication is whether the intoxication negated a mens rea (mental intent) element of the crime charged. Here is a hypothetical scenario:

Person A is drunk. Person A picks up a cell phone belonging to Person B and walks away. Person B sees that someone has taken his phone, and begins shouting at Person A. Person A gets a little scared and starts to move faster away from the scene. A nearby police officer observes the situation, and orders Person A to stop. Person A complies and is taken under arrest for a charge of theft.

Some of the elements of a theft charge have been met: taking property, belonging to another person, without their consent or permission. But an additional necessary element is missing. If Person A, as a result of his drunken state, believed that he was picking up his own phone, then he did not have the intent to wrongfully deprive the owner of their property.

Cases involving intoxication as a potential defense require careful analysis. An experienced Utah criminal defense attorney should be able to help you determine how drug or alcohol use can affect your defense strategy.

Intoxication of a Witness

A more common way that intoxication plays a role in criminal defense is through cross-examination of witnesses at trial or evidentiary hearings. Drug and alcohol use can significantly affect a person’s ability to perceive and understand events as they occur, and can also impair their ability to accurately remember those events later on.

Drug Addiction and Sentencing

While drug addiction by itself does not create a legal defense to criminal prosecution in Utah, it can become a significant mitigating factor both in negotiations and at a sentencing hearing.

A successful defense strategy based on your goals.

Many Utah criminal cases stem from drug use or substance abuse.  Property crimes, white collar crimes, and even violent crimes can have their roots in drug use and substance abuse.  If a prosecutor can be convinced that the real problem is substance abuse or addiction, you may be able to obtain a more favorable offer by demonstrating your willingness to participate in substance abuse treatment. A sentencing judge who can see that “problems” are already being addressed is often less likely to impose jail time.