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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.


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  • 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.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • 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.
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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

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