Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Utah Criminal Defense - Salt Lake Criminal Attorney

76-2-306 - Voluntary Intoxication as an Affirmative Defense in Utah

Voluntary intoxication can, in certain circumstances, form a complete defense to a criminal prosecution under Utah law. But these cases are rare, and the assistance of an experienced criminal attorney can be critical.

Based in Salt Lake City, criminal defense attorney Stephen Howard has spent his career defending the rights of individuals who are being prosecuted for crimes in Utah. He has extensive experience in cases ranging from the most serious felony charges to minor misdemeanor offenses. Contact us today to arrange for an initial consultation.

Voluntary Intoxication - Negating the Required Mental State

Just getting drunk and doing something stupid does not create a defense to criminal prosecution. The affirmative defense provided by Utah's voluntary intoxication statute creates only a narrow defense. But if the elements of the defense are met, then voluntary intoxication can form a complete defense to a criminal charge.

In order to serve as a defense to a criminal charge, evidence must show that the intoxication was of such a kind and degree that it negated the mental state element of the offense. Consider the following hypothetical example:

Utah Alcohol Crimes DefenseAbe has spent the evening socializing at a bar, and has had several drinks. As he is preparing to leave, Abe looks around for his phone, but mistakenly picks up Beth's cell phone and walks out the door. Shortly thereafter, Beth realizes that Abe has taken her phone, and calls the police to report the theft. The police locate Abe a few minutes later, and demand that he show them what he has in his pockets. Abe, still in an intoxicated state, pulls the phone from his pocket. Beth identifies it as her phone, and Abe is taken into custody by police for committing the crime of theft.

In the above-described scenario, the evidence supports all of the required elements of a theft charge: Abe took control over the property of another person; such control was not authorized by the owner; and a jury could infer from these facts that Abe intended to deprive the owner of that property. If this is the only evidence that is presented at trial, then a jury would likely convict Abe of theft.

If, however, a resourceful defense attorney were able to present evidence that Abe was intoxicated at the time the alleged theft occurred, and that as a result of his intoxication Abe believed that the phone he took was in fact his own phone, then a jury could find Abe not guilty under Utah's voluntary intoxication defense. Under such a scenario, Abe's voluntary intoxication caused him to not realize that he was taking another person's phone, and could negate the statutory element of having the "purpose to deprive the owner thereof"

Most criminal charges under the Utah Code require evidence that the defendant acted intentionally, knowingly, recklessly, or with criminal negligence. If recklessness or criminal negligence are the only mens rea requirements under a criminal statute, and if the defendant is unaware of a risk because of voluntary intoxication, then his lack of awareness is considered immaterial in a prosecution for that offense. In other words, voluntary intoxication is not a defense where recklessness or negligence are the required mental state elements of an offense. Consider the following hypothetical scneario.

Charlie has been drinking - perhaps just a bit too much. In his intoxicated state, Charlie goes to his apartment building, accidentally gets off the elevator on the wrong floor, and walks down the hall. Approaching what he believes to be his apartment, Charlie opens the unlocked door, stumbles through the doorway, and passes out on the floor. About an hour later, Dawn (in a completely sober state) comes home, and discovers a strange man lying on the floor of her apartment, just inside the door. Dawn runs back down the hallway, and calls the police from her cell phone. Police respond, and arrest Charlie on suspicion of burglary and trespass. After screening the case, prosecutors determine that there is not enough evidence to support the burglary charge, but file a class A misdemeanor residential trespass charge against Charlie in the district court.

In the above-described scenario, there is sufficient evidence to support all of the elements of a criminal trespass charge against Charlie. A common element of any trespass charge is unlawfully entering or remaining on property. This element is satisfied, because Charlie does not have permission to be in Dawn's apartment. In addition to unlawful entry, a trespass charge may be supported by evidence of at least one additional element.

One variation of trespass requires evidence that the defendant intended cause annoyance or injury to any person. Under this variation, voluntary intoxication would form a defense to Charlie's actions, because as a result of his intoxication, he did not realize that he was in the wrong apartment.: he has unlawfully entered the dwelling of another person.

But there is another variation of trespass that requires only proof that the defendant was "reckless as to whether his presence will cause fear for the safety of another." Because this element requires only proof that the defendant was reckless, voluntary intoxication does not form a defense. A prosecutor would likely argue for conviction based on the theory that Charlie's actions recklessly caused Dawn to fear for her safety when she came home and found a stranger in her apartment. (Consider, however, that Charlie could still potentially raise a mistake of fact defense.)

In Charlie's situtation, his conduct could also be seen as forming the basis of a public intoxication charge. Such is likely to occur in many voluntary intoxication defense cases. In raising the defense of voluntary intoxication, a defendant may expose himself to the risk of prosecution for a public intoxication charge. But if the charges being faced are serious, it is well worth considering the viability of a voluntary intoxication defense.

Statutory Language for Utah's Voluntary Intoxication Defense

As of 2014, Utah's voluntary intoxciation defense statute (76-2-306) reads as follows: "Voluntary intoxication shall not be a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense; however, if recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense."

Choosing a Utah Criminal Defense Attorney in Salt Lake City

Criminal Attorney Salt Lake CityBased in Salt Lake City, criminal attorney Stephen Howard provides legal services to clients throughout Utah. His track record include not guilty verdicts, dismissals, and appellate reversals in some of the most serious charges on the books in Utah. If you are facing prosecution for a crime in Utah, you need an experienced criminal defense lawyer on your side.

Contact us today to arrange for an initial confidential consultation.

RELATED CRIMINAL CODE SECTIONS


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Violent Crimes Assalt Defense UtahDismissed at Preliminary Hearing - Client charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.