Does it matter you were too drunk to know what you were doing?

In Illinois, voluntary intoxication is not a defense. You are still criminally responsible for your conduct. However, some criminal charges require the state to prove a specific mental intent. Your intoxication or drugged state could make such intent harder to prove. Illinois courts have held that a defendant is incapable of forming a specific intent or malice where intoxication is so extreme as to suspend all reasoning.

Involuntary intoxication is another matter. Intoxication may be a defense if someone spiked your drink so that you were deprived of the substantial capacity either to appreciate the criminality of your conduct or to conform your conduct to the requirements of law.

Some Illinois courts consider battery a specific intent crime. In that case, your intoxication may help your defense. However, the court could infer your mental intent from other circumstances in your case. For example, the court in People v Slabon upheld a verdict of aggravated battery where defendant’s behavior at the scene indicated he was aware of his surroundings and knew what he was doing in spite of his intoxication.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Can the state prove all the elements of your offense beyond a reasonable doubt? Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post IS DRINKING TOO MUCH A DEFENSE TO A CRIME? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Intoxication is only a defense when 1) it was involuntarily produced and 2) it deprived you of the substantial capacity to either appreciate the criminality of your conduct or conform your conduct to the law.

Intoxication may be involuntary where it is produced by fraud, artifice or deceit. If someone slipped drugs into your punch, you might not be responsible for what happens next. Intoxication also includes the unexpected or unwarned side effects of prescribed medication. For example, a doctor prescribes an antidepressant without warning you that it can cause sleep walking. In one Illinois case, the court held a defendant was entitled to have his intoxication defense reviewed by the jury where he had killed his wife and her lover after having taken Zoloft. People v Hari. But even when involuntary, your intoxication must deprive you of all reason. You can’t use intoxication as a defense if you otherwise knew what you were doing.

Legal intoxication should not be confused with diminished capacity, a defense no longer available in Illinois. The fact you committed the crime when you voluntarily became too drunk or drugged to think straight will not excuse your conduct.

Because the defendant has the burden of proving the intoxication defense, it is critical to present the most compelling evidence possible. A criminal law attorney can review your case to determine if the defense applies and how best to prove it.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.).

The post THE INTOXICATION DEFENSE IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.