Assault can sometimes be an impulse crime. A sudden disagreement with another person can lead to escalating conflict. In some cases, the prior consumption of alcohol before an argument occurs could lead to more aggressive conduct. People may be more likely to put their hands on another person or use dangerous weapons when they have consumed enough alcohol to impair their judgment. Arguments at bars and parties are relatively common.
Can those accused of assault due to a physical fight or an argument that went too far use their impaired state as part of their defense strategy?
Voluntary intoxication does not limit culpability
People who are under the influence cannot consent to sexual intimacy. They also usually cannot sign contracts or make major decisions due to their intoxication. While the law does recognize the impact of alcohol on a person’s judgment in some cases, that impaired judgment is not a viable defense when facing criminal charges.
The state specifically prohibits raising a claim of voluntary intoxication in response to criminal charges. The only time that intoxication might be an exculpatory factor in a criminal case is when the defendant asserting intoxication played a role was not aware that others had given them alcohol or drugs.
Involuntary impairment can play a role in a criminal defense strategy if a person can prove that others gave them alcohol or drugged them without their consent. Otherwise, those who choose to drink or consume drugs generally need to accept the consequences of their conduct while they are under the influence.
That being said, it is still possible to fight assault charges with an appropriate defense strategy. Working with a criminal defense attorney can help those accused of an alcohol-fueled assault understand their options and respond effectively to their pending charges.
