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. We fight to protect your rights.
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

Voluntary Intoxication Defense - Utah Criminal Attorney

Voluntary intoxication (whether from alcohol or drugs) can form an affirmative defense to criminal charges in Utah under certain limited circumstances. But successfully presenting a defense under voluntary intoxication principles can involve complex legal processes. Having an experienced Utah criminal defense lawyer on your side is critical. Based in Salt Lake City, Stephen Howard has defended clients facing charges ranging from aggravated murder to DUI and virtually everything in between. Contact us today to schedule an initial consultation.

Elements of a Voluntary Intoxication Defense in Utah

Under Utah criminal law, the key to successfully defending a criminal case using a defense of voluntary intoxication is demonstrating that the person's intoxication negated the required mental state for the alleged crime.  If you can demonstrate that your intoxication negated the required mental state, you may be found not guilty of misdemeanor or felony charges.

For example, if a defendant is so drunk that he mistakes a neighbor's home for his own, voluntary intoxication could form the basis of a defense to certain criminal trespass charges. A typical criminal trespass charge will require proof that the defendant knew his presence in or on another person's property was unlawful. Thus, if a jury is convinced that the defendant was drunk (voluntarily intoxicated) to a point that he mistakenly believed that he was in his own home, the element of "knowing that the person's entry or presence is unlawful" will not be supported by the evidence.

Consider, on the other hand, an assault committed by a defendant who was drunk. Assume that the defendant would never have committed the assault, but for his intoxicated state. A jury may believe that the defendant only committed the assault because he was intoxicated. But you cannot defend against an assault charge at trial by proving that you are a normally peaceful person. A voluntary intoxication defense will likely not apply.

Choosing a Criminal Defense Attorney in Salt Lake City, Utah

If you have been accused of committing a crime while intoxicated, you need an experienced Utah criminal lawyer on your side. Based in Salt Lake City, criminal defense attorney Stephen Howard has represented thousands of clients during his career, and has achieved not guilty verdicts, dismissals, and appellate reversals in some of the most serious criminal charges on the books in Utah.  He has the experience, skill, and determination to help you get the results you need.

If you are facing criminal charges, contact us now to arrange an initial consultation and case analysis. See what an experienced criminal attorney can do for you.


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.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah Expungement Lawyer Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • 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.
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

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....

Consequences »
Criminal Defense Attorney in Utah - Reasons to Hope

Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....

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.