Intoxication Assault Attorney

Hiring an Intoxication assault attorney should be the first item on your checklist. An experienced defense attorney will know how to protect your rights and fight for your interests.

Under California law, there are multiple types of assault charges, such as simple assault, assault with a deadly weapon, assault by means likely to produce great bodily injury, and so forth. 

Furthermore, California law identifies two types of intoxication: voluntary intoxication and involuntary intoxication. Under the law, you are considered to be under voluntary intoxication if there is evidence to indicate that you knowingly consumed alcohol or drugs. In contrast, involuntary intoxication occurs if there is evidence to indicate that you unknowingly ingested an intoxicating substance, or someone forced you to do so against your will.

Whether you were intoxicated and how you became intoxicated can play a role in the severity of assault charges. 

Voluntary Intoxication 

Voluntary intoxication is when someone voluntarily and willfully consumed drugs and/or alcohol, knowing it would impair their judgment. In other words, voluntary intoxication is when someone willingly consumes any intoxicating drug, drink, or other substance when they know it could produce an intoxicating effect. 

If you were voluntarily intoxicated during an altercation, you may be charged with simple assault, which is a misdemeanor offense in California. If you are convicted of simple assault, then you could be ordered to serve up to six months in a county jail, a fine of up to $1,000, or be required to both serve jail time and pay a hefty fine.

However, depending on the extent of bodily harm that occurred during an altercation, you could be charged with a more serious offense – assault by means likely to produce great bodily injury. This is considered a “wobbler” offense under California law, meaning it can be prosecuted as either a misdemeanor or a felony. 

If you are convicted of a misdemeanor version of this offense, then you could be subject to the following penalties:

• a maximum of one year of incarceration in the county jail,
• a $10,000 fine plus penalty assessments, or both. 

If, on the other hand, the assault charge is prosecuted as a felony, a conviction can result in you having to serve between two and four years in the state prison.

Whether an assault by means likely to produce great bodily injury is charged as a misdemeanor offense or felony offense will typically depend on the specific facts of your case. To get an assessment of your legal options, speak to a knowledgeable intoxication assault lawyer. 

Under California law, involuntary intoxication occurs when someone is tricked or coerced into taking intoxicating substances unknowingly or against their will. According to the California Criminal Jury Instructions 3427, an individual is considered involuntarily intoxicated if they “unknowingly ingested some intoxicating liquor, drug, or other substance” or were tricked or forced by someone else into doing so.

Depending on the facts of your case, involuntary intoxication could be asserted as a defense to assault charges. Keep reading to learn more.

People are surprised to learn that intoxication could potentially be raised as a viable defense in an assault case. Though it is important to note that an intoxication defense is subject to a number of limitations and generally hinges on factors such as:

1. • Intent
   • Voluntary vs. involuntary intoxication
   • Whether you have prior criminal convictions on your record

   In California, voluntary intoxication is generally not a complete defense to an assault charge. Nevertheless, voluntary intoxication can sometimes be raised to try to reduce charges or penalties. Courts may consider intoxication as a factor in determining whether you had the mental state to commit the offense.

   According to California Criminal Jury Instructions 3426, juries can only take voluntary intoxication into account in cases where prosecutors must prove a “specific intent” to commit a crime, and the intoxication casts a “reasonable doubt” on whether you had specific intent.

   In contrast, involuntary intoxication can serve as a stronger legal defense when charged with assault. A situation where involuntary intoxication may occur is when someone spikes your drink without your knowledge. This action may lead you to something you would not normally do, and intoxication may be a viable defense.

   Though, an involuntary intoxication defense is highly case-specific. Factors such as available evidence, witness testimony, and legal precedent significantly influence the outcome. Asserting involuntary intoxication as a defense can be challenging since it necessitates introducing evidence showing you were not aware of what you were consuming and the intoxicating substance impaired your judgment. Generally speaking, an individual is considered to be “involuntarily intoxicated” if two factors can be proven:

   • Without prior knowledge, you consumed alcohol, drugs, or another type of intoxicating substance, or
   • Someone tricked or even forced you into consuming an intoxicating substance.

   If you encounter assault charges and intoxication is a factor, consult a qualified attorney as soon as possible. They can offer crucial support and direction in your legal journey. Your freedom and future may depend on it.