24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Using Intoxication as a Defense to Criminal Charges

March 21, 2024 Uncategorized

Using Intoxication as a Defense to Criminal Charges

Being intoxicated can lead people to make poor decisions that result in criminal charges. However, intoxication may also be used as a legal defense in some cases. This article provides an overview of intoxication defenses and how they may apply.

When Intoxication Can Be a Defense

Intoxication can only be used as a criminal defense under certain circumstances. Specifically, the intoxication must meet two criteria:

  1. The defendant was so impaired that they could not form the mental state required to commit the crime. For example, many crimes require the prosecution to prove the defendant acted “knowingly” or “purposefully”. If the intoxication prevented them from acting intentionally, it could negate this required mental state.
  2. The intoxication was involuntary or unexpected. This means the defendant did not know or have reason to know that drinking or taking drugs would make them so impaired. Essentially, their extremely intoxicated state of mind took them by surprise.

If both of these conditions are met, an intoxication defense may succeed in beating the charges. However, the exact requirements vary by state.

Types of Intoxication Defenses

There are two primary types of intoxication defenses:

1. Involuntary Intoxication

Involuntary intoxication means the defendant unknowingly ingested an intoxicant or was forced to take it against their will. Possible scenarios include:

  • Someone slipped a mickey into the defendant’s drink without them realizing
  • The defendant was prescribed medication without warnings of severe side effects
  • The defendant had an unexpected reaction to a prescribed medication or over-the-counter drug

Since the intoxicated state was unintentional, it supports a defense that they could not form the intent required for a crime.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

2. Voluntary Intoxication

Voluntary intoxication applies when the defendant knowingly consumed alcohol or drugs but claims the effects were much more extreme than expected. For example:

  • The defendant had several drinks and believed they were fine to drive, but were actually severely impaired
  • The defendant took what they thought was a normal dose of a drug but had an unexpectedly strong reaction

Voluntary intoxication can be used as a defense in some states, but the requirements are stricter than involuntary intoxication. Additionally, some states only allow this defense for certain crimes.

Using Intoxication to Negate Mental State

The key to successfully asserting an intoxication defense is proving that the defendant’s extremely intoxicated state prevented them from forming the mental state necessary for a crime.

There are typically two mental states the prosecution must prove for a criminal conviction:

  1. General intent – This refers to the intent to perform an action without necessarily intending the consequences. For example, intentionally swinging a bat, regardless of whether you intended to break a window.
  2. Specific intent – This means having the actual purpose or desire to achieve a specific outcome. For example, swinging a bat with the goal of breaking a window.

An intoxication defense aims to show the defendant was so impaired that they could not form the general or specific intent required for a crime.

For general intent crimes like DUI, an intoxication defense faces an uphill battle. Because just committing the action of driving while extremely intoxicated satisfies the mental state requirement. However, for specific intent crimes like theft or assault, the defense has a better chance since the prosecution must prove actual intent beyond merely performing an action.

Limits and Challenges of an Intoxication Defense

While intoxication can potentially provide a defense in some cases, there are limits and difficulties in pursuing this strategy:

  • Strict requirements – The intoxication must be completely unexpected and debilitating to support a defense. Merely being drunk or high is not enough.
  • Not allowed for general intent crimes – Many states prevent defendants accused of crimes like DUI from claiming an intoxication defense. Simply committing the prohibited act satisfies the mental state requirement.
  • Limited to certain specific intent crimes – Some states only recognize voluntary intoxication for more serious specific intent offenses like premeditated murder.
  • Hard to prove extreme impairment – The defense must provide convincing evidence of the defendant’s mental state. This can require complicated toxicology and pharmacology expert testimony.

Additionally, an intoxication defense often relies heavily on the defendant’s own testimony about their unexpected level of impairment. Their credibility may be called into question on cross-examination.

Prosecutors also typically argue that anyone choosing to drink or take drugs should foresee the possibility of becoming extremely impaired. Responsibility for criminal acts should not be excused due to intoxication.

Consulting an Experienced Criminal Defense Attorney

Determining if an intoxication defense applies to your charges and successfully asserting such a claim in court requires in-depth legal knowledge and skillful advocacy. Very few defendants are able to effectively pursue this defense at trial without an experienced criminal defense lawyer.

An attorney can assess the specifics of your case, advise you on the viability of an intoxication defense, and handle the complex arguments necessary to overcome common prosecution challenges. This provides the best chance at beating your charges and avoiding a conviction.

Resources

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now