How Does Being Under the Influence Impact Criminal Charges?
At Rispoli & Borneo, P.C., the criminal lawyers Newark locals recommend from our firm understand that when an individual is intoxicated it is more likely that he or she will make bad decisions due to poor judgement. Being under the influence can result in a diminished mental capacity and increase the likelihood that a person will commit a crime.
Many wonder if it is possible to receive a reduced or lesser sentence if a person committed a crime when under the influence of drugs or alcohol. The answer to this question varies because the prosecution must prove that a person is guilty beyond a reasonable doubt. This means that they must be able to convince the jury that a person is guilty based on the case that they present. Criminal lawyers Newark residents choose must try to raise doubt in any number of ways, depending on the available evidence. When a defendant is intoxicated at the time the crime was committed, it can raise reasonable doubt that they acted on their own volition and of free will or in a premeditated way.
Involuntary vs Voluntary Intoxication
Newark criminal lawyers have the right to use the involuntary intoxication defense route if their client committed a crime when they were involuntarily under the influence of drugs or alcohol. The drawback is that it can be challenging to prove that someone was under the influence against his or her own accord unless there are pictures or videos found. Examples include:
- Being forced to take drugs or alcohol
- The unknown consumption of drugs or alcohol
Voluntary intoxication is when someone knowingly and intentionally consumes drugs and/or alcohol. This type of defense alone is usually not successful in discharging criminal liability. Criminal lawyers Newark individuals rely on will have to review your case before they can determine a legal strategy.
Being intoxicated when a crime is committed is not a solid defense by itself to escape responsibility. However, in situations where a person is killed without forethought or premeditation, manslaughter may be an appropriate charge. For example, if a drunk driver were to hit and kill another person, the result may be manslaughter, which is a murder charge of a lesser degree. Although a manslaughter charge is serious, the repercussions are far less than a first-degree murder charge. Meaning, a first-degree murder charge could result in the death penalty whereas a manslaughter charge will not. Criminal lawyers Newark defendants trust can provide you with more information specific to your case, but there are two types of manslaughter:
1. Voluntary is when a person claims that they were justified in committing the act. For example, when a person claims self defense against their attacker for why they killed them.
2 Involuntary is when a person is killed unintentionally due to the criminal negligence of another. For example, if a person is driving while intoxicated and hits a person crossing the street.
Contact Respected Criminal Lawyers in Newark
If you have committed a crime and are in need of legal representation, contact a criminal attorney today. Their knowledge will be vital because the laws regarding intoxication and criminal offenses can vary depending on the state in which you live. Call (908) 353-0800 to speak to one of our criminal lawyers Newark respects from Rispoli & Borneo, P.C.