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.

Using Intoxication as a Defense to Theft Crimes in Queens

Using Intoxication as a Defense to Theft Crimes in Queens, New York

Being charged with a theft crime in Queens can lead to serious consequences like fines, probation, or even jail time. However, there may be legal defenses that can get the charges reduced or even dismissed. One potential defense is intoxication – arguing that you were too impaired to form the necessary criminal intent required for a theft conviction.

When Intoxication Can Be a Legal Defense

Intoxication is only a valid legal defense under certain conditions according to criminal defense lawyers:

  • You must have been so extremely impaired that you could not form the “intent” or “knowing” mental state required for the theft crime 1.
    For example, theft often requires prosecutors to prove you intentionally and knowingly stole property.
  • The intoxication must have been involuntary or unexpected. If you became extremely intoxicated voluntarily, it is not a defense except potentially in rare cases  5.

Essentially, the intoxication must have prevented you from consciously and knowingly committing the criminal act.Defense lawyers may argue that due to your extraordinarily intoxicated condition from alcohol, medications, or other substances, you did not intentionally commit the alleged theft. Instead, your actions were influenced by an impaired mental state that you did not anticipate.

Evidence Needed for an Intoxication Defense

Using an intoxication defense requires concrete evidence of your extremely intoxicated condition according to criminal lawyers, including 5:

  • BAC (Blood Alcohol Content) Level: Results from breathalyzer or blood tests showing your BAC was extremely elevated. For example, two or three times the legal driving limit.
  • Drug Influence: Toxicology reports proving you had intoxicating medications or illegal substances in your system.
  • Observed Behavior: Eyewitness accounts or video documenting you were acting abnormally incapacitated, incoherent, or unstable.
  • Expert Testimony: Psychologists and addiction medicine experts can analyze your intoxication level and opine on your ability to form intent.

The more evidence that you were extraordinarily impaired at the time, the stronger your intoxication defense will be.

Using Intoxication to Fight Theft Charges

In New York, theft crimes like larceny, robbery, burglary, shoplifting, and embezzlement require prosecutors to establish you acted “knowingly” and “intentionally” 9.

Your Queens criminal defense lawyer can argue that due to severe intoxication from [unexpected causes], you did not consciously and deliberately commit the alleged theft. Instead, your actions resulted from an impaired mental state that prevented you from forming the requisite intent.If successful, this can lead to reduced or dismissed charges since the prosecution cannot establish the necessary mens rea (criminal intent).

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.

Risks and Limits of an Intoxication Defense

While intoxication may potentially defend some theft allegations, criminal lawyers note there are risks and limitations to consider with this strategy 1:

  • It rarely works for strict liability crimes like driving under the influence (DUI) that don’t require proof of intent.
  • Voluntary intoxication is not a defense except in rare cases. The impairment generally must have been unexpected.
  • Even with intoxication, you may still face non-theft charges like public intoxication, disorderly conduct, etc.
  • Judges and juries often view intoxication defenses skeptically. Strong evidence is essential.
  • Simply being drunk or high does not excuse criminal behavior in most cases.

Thus, while intoxication may potentially help some theft defendants in Queens, experienced criminal lawyers caution it can be an uphill legal battle that is not guaranteed to succeed. Speak to a lawyer to assess if it could apply in your specific case.

Finding a Queens Criminal Defense Lawyer

If you face theft charges in Queens and want to explore using an intoxication defense, it is critical to have an experienced criminal lawyer on your side. Defense attorneys can assess the merits of this strategy in your particular case and handle the complex legal arguments appropriately 3.

Ask potential lawyers about their experience with intoxication defenses in theft cases. Be sure they understand all the intricacies and risks involved.Defense lawyers also know how to gather convincing intoxication evidence like toxicology reports, eyewitness statements of your behavior, expert testimony, and other documentation. The right advocate can make a major difference.You can locate Queens criminal lawyers through sites like AvvoLawyers.com, and the New York State Bar Association. Local recommendations from family, friends, or colleagues can also help find reputable defense attorneys.

Conclusion

Intoxication may potentially assist with defending some theft charges in Queens if it prevented you from consciously and knowingly committing the criminal acts. However, it is a complex defense that is challenging to pursue and does not guarantee success. Anyone facing theft allegations needs an experienced criminal lawyer to advise if intoxication could help their case and handle the arguments appropriately in court. Be sure to secure top legal representation right away if you have been arrested or charged with any theft crimes.

Schedule Your Consultation Now