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Intoxication as a Potential Criminal Defense in New Jersey
Intoxication can arise from ingesting drugs or alcohol and may appear to be a plausible defense against allegations of criminal activity. In New Jersey, however, the defense is only considered if it undermines a key component of the offense. If you are facing criminal charges in NJ and intend to raise an intoxication defense, familiarize yourself with the legislation and the criteria that must be met to substantiate this defense.
Intoxication and NJ State Law
In New Jersey, “intoxication” encompasses any impairment of a person’s faculties after using substances. The type of substance is not relevant, whether it is alcohol or drugs. Additionally, whether the intoxication was voluntary or involuntary does not matter.
Involuntary Intoxication and Pathological Intoxication
NJ courts accept involuntary intoxication or pathological intoxication defenses under specific conditions only.
Involuntary Intoxication: This defense can be used if an accused was oblivious to their conduct owing to drunkenness or was unable to recognize the impropriety of their behavior.
Pathological Intoxication: This defense applies where an accused did not realize that they were susceptible to extreme inebriation after consuming trace quantities of an intoxicant.
However, both defenses mandate that an accused provides convincing evidence proving that they had no control over their actions. Proving involuntary intoxication as a defense is challenging as it necessitates meticulous attention to factual details about an individual’s behaviors and actions.
Prescription Medication and Alcohol
Mixing prescription medication with alcohol cannot serve as a basis for raising the defense of involuntary intoxication in New Jersey. One should reasonably comprehend that combining alcohol with prescription meds leads to severe inebriation.
The Todd Spodek Law Firm’s Criminal Lawyers
Introducing an intoxication-based defense can be difficult, and expert legal advice is critical for attaining optimal results based on arguments about involuntary intoxication. The criminal attorneys at Todd Spodek Law Firm possess the proficiencies needed to win cases based on the defense of involuntary intoxication. Our criminal lawyers boast exceptional legal expertise to ensure that our clients obtain favorable case outcomes.
Contact Us Today
Suppose you are facing allegations of criminal activities and desire comprehensive legal representation pertaining to the defense of involuntary intoxication. In that case, our team of expert lawyers at Todd Spodek Law Firm is always available. We pride ourselves on our legal aptitude and understanding of relevant laws in New Jersey. Contact us today to arrange a consultation with one of our experienced lawyers who can offer prompt legal advice and representation, ensuring you get the justice you deserve.
While a New Jersey defendant must still prove each element of his or her particular defense, raising an intoxication defense could help individuals avoid sentencing that would otherwise result from their actions if found guilty. The following tables outline benefits that arise from presenting an intoxication-based defense:
| Type of Crime | Potential Penalties without Intoxication Defense | Potential Penalties with Intoxication Defense |
|---|---|---|
| Homicide | 30 years-life imprisonment, depending on degree | Possibility for lesser sentence or constitutional right violation relief. |
| Assault with intent to murder | 10-20 years imprisonment. | Counseling for drug/alcohol addiction as opposed to imprisonment; probation rather than jail time may be possible. |
| Driving while intoxicated (DWI) | Fine up to $1000, jail for 30 days or more, license suspension | Possibly lesser sentencing, counseling for drug/alcohol addiction as opposed to imprisonment/custodian sentence; probation instead of jail time may be plausible. |
| Type of Crime | Potential Penalties Without Intoxication Defense | Potential Penalties With Intoxication Defense |
|---|---|---|
| Homicide in self-defense or defense of others (graded from murder to manslaughter) | Murder charges carry life imprisonment without parole for a minimum of 30 years. | Acquittal due to the individual’s lack of knowledge that their conduct was criminal and dangerous because of severe intoxication. Conviction on lesser charge manslaughter may arise; sentence would be lower than murder charge with mandatory minimum periods but no parole eligibility denial. Based on the facts and circumstances, complete acquittal may also apply. |
Conclusion:
Intoxication is a possible defense in NJ against criminal allegations. However, presenting this type of defense requires that certain elements are met, depending on the circumstance involved in the case. It is essential to understand these factors before attempting to use an intoxication-based defense. If you are unsure how to proceed regarding intoxication-based defenses, contact Todd Spodek Law Firm today.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS