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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