{"id":7465,"date":"2022-06-04T13:20:17","date_gmt":"2022-06-04T20:20:17","guid":{"rendered":"https:\/\/strongestdefense.com\/?p=7465"},"modified":"2022-12-04T19:31:43","modified_gmt":"2022-12-05T03:31:43","slug":"when-can-intoxication-be-used-as-a-defense-in-california","status":"publish","type":"post","link":"https:\/\/strongestdefense.com\/blog\/when-can-intoxication-be-used-as-a-defense-in-california\/","title":{"rendered":"When Can Intoxication be Used as a Defense in California?"},"content":{"rendered":"
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Under California law, defendants in criminal cases can use the defenses of both voluntary and involuntary intoxication in certain cases. These defenses can help get criminal charges reduced or dropped altogether, but they are not as straightforward as they seem. Simply stating that you were intoxicated at the time is not always enough of a defense, and you may have to prove certain facts of your case. Below, our California criminal defense lawyer<\/a> explains further.<\/span><\/p>\n <\/p>\n <\/p>\n A person is<\/span> voluntarily intoxicated<\/span><\/a> when they have voluntarily consumed an intoxicating substance. An intoxicating substance is classified as any intoxicating liquor, drug, or other substance which noticeably changes or affects a person\u2019s mental or physical abilities. Simply becoming voluntarily intoxicated does not shield someone from criminal liability in all types of criminal cases. Voluntary intoxication is only an appropriate defense in criminal offenses that involve specific intent.<\/span><\/p>\n <\/p>\n Specific intent crimes, as opposed to general intent crimes, are offenses that require the defendant to:<\/span><\/p>\n In order to have specific criminal intent, defendants must typically be in a certain state of mind, or mental state, to act with a specific purpose. For example, a person may specifically intend to defraud someone. Murder, forgery, and theft are just a few crimes that require specific intent.<\/span><\/p>\n <\/p>\n Contrary to specific intent crimes, general intent crimes are those in which a person performs a physical act. The prosecution does not have to show in these cases that the defendant had the intent to commit a crime. Driving under the influence<\/a>, for example, is a general intent crime.<\/span><\/p>\n <\/p>\n <\/p>\nUsing the Defense of Voluntary Intoxication<\/b><\/h2>\n
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Using the Defense of Involuntary Intoxication<\/b><\/h2>\n