Assault charges are perhaps the least consequential violent charges that are regularly prosecuted, but they are still a serious matter. Defendants face the potential of incarceration, as well as fines and a criminal record. Some people accused of assault want to fight back by taking their cases to trial. The details of a recent arrest have a major impact on the options available to the defendant.
There can be certain aggravating factors present that make the situation more concerning to state authorities as well as mitigating factors that could limit someone’s criminal culpability. For those facing assault charges after a confrontation with another person, there may be several factors that limit criminal culpability. In some cases, people feel threatened and engage in physical violence because they fear for their safety or the safety of another person.
Other times, the decision to consume alcohol might play into an assault case. People become more reactive and disinhibited after drinking alcohol. Does chemical intoxication impact criminal culpability for a physical altercation?
Intoxication does not eliminate criminal responsibility
Most people readily acknowledge that their behavior is somewhat different when they are under the influence of alcohol. The way that alcohol affects people can be significant enough to undermine the legality of agreements with other parties or prevent them from granting informed consent.
Some people might believe that a claim of alcohol intoxication could raise questions about whether they actually had criminal intentions during an encounter with another person. However, state law is very clear about the effects of alcohol on criminal responsibility. Specifically, the law holds people accountable for their behavior while under the influence. Those who choose to consume alcohol have to accept the consequences of their behavior while under the influence.
Intoxication does not provide someone with the grounds for an affirmative defense based on a lack of intent or capacity. Although alcohol intoxication does not eliminate criminal responsibility, there may be other details about the situation that could help develop a different defense strategy.
Using the right of discovery to review the state’s evidence can be beneficial for those facing pending assault charges. There are a variety of defense strategies that can help people avoid convictions that can work in various circumstances.
