NJ Intoxication Defense in New Jersey

Intoxication Defense in New Jersey

In criminal cases, defendants may raise intoxication as a defense to negate the intent required for a conviction. However, New Jersey sets strict limits on when intoxication excuses criminal conduct.

This article examines key issues related to asserting an intoxication defense in New Jersey. We’ll cover the legal standard, types of intoxication, how it interacts with crimes and mental state, limits of the defense, and more. Understanding the nuances of an intoxication defense is crucial for defendants and their advocates.

Intoxication and Mens Rea in Criminal Law

For most crimes, prosecutors must prove the defendant possessed the requisite mental state, or mens rea, such as purpose, knowledge, or recklessness^[1]. Intoxication may prevent a defendant from forming the necessary criminal intent.

However, intoxication is not an automatic defense. New Jersey courts evaluate intoxication’s effect on mens rea on a case-by-case basis.

Voluntary vs. Involuntary Intoxication

New Jersey law distinguishes between voluntary and involuntary intoxication^[2]:

• Voluntary – Defendant ingested intoxicant intentionally
• Involuntary – Intoxication not self-induced or forced on defendant

Involuntary intoxication provides a broader defense. Voluntary intoxication only excuses if it fully negates intent.

Types of Voluntary Intoxication

Common sources of voluntary intoxication include^[3]:

• Alcohol
• Illegal drugs
• Prescription medications
• Over-the-counter drugs
• Other chemical substances

The substance itself does not matter – voluntary intoxication only excuses if it prevented forming criminal intent.

Types of Involuntary Intoxication

Involuntary intoxication may arise from^[4]:

• Unknowing ingestion of intoxicants
• Prescription drug side effects
• Physical conditions producing intoxication
• Reactions to lawful substances

The key is the defendant did not intentionally become intoxicated or know the intoxicating effects.

Effect of Voluntary Intoxication on Intent

For voluntary intoxication to excuse a crime, the defendant must show^[1]:

• Intoxication prevented forming the required mental state
• They were unable to comprehend their conduct
• No criminal intent existed due to intoxication

The defense applies only if intoxication completely, not partially, negated intent.

Effect of Involuntary Intoxication on Intent

With involuntary intoxication, the defendant must establish^[5]:

• Intoxication prevented them from controlling conduct
• No ability to appreciate wrongfulness of conduct
• Would not have engaged in conduct if not intoxicated

The involuntary nature of the intoxication allows for a broader negation of intent.

Using Intoxication to Negate Specific Intent

Voluntary intoxication applies more readily to crimes requiring specific intent^[3]. Specific intent crimes include:

• Theft – intent to deprive owner of property permanently
• Burglary – intent to commit crime upon entry
• Assault – intent to cause bodily injury

With these crimes, intoxication may prevent forming the requisite specific intent.

Limits of Intoxication Defense for General Intent Crimes

Courts limit intoxication defenses for general intent crimes like^[6]:

• DUI – simply requires driving while intoxicated
• Sexual assault – no intent regarding intoxication required
• Murder – intent to kill not necessary, just reckless indifference

Because intoxication does not negate general intent, the defense rarely succeeds for such crimes.

Intoxication No Defense to Strict Liability Crimes

Strict liability crimes like statutory rape have no intent requirement. Intoxication is never a defense to strict liability offenses.

Limits on Voluntary Intoxication Defense

Limits on the voluntary intoxication defense include:

• No defense to disorderly persons and petty disorderly offenses
• Not allowed just to reduce first degree crimes to second degree
• No defense to reckless manslaughter charges

New Jersey prohibits using voluntary intoxication in these contexts.

Burden of Proof for Intoxication Defenses

Defendants must prove intoxication prevented forming criminal intent. The burden is on the defense to establish this by a preponderance of evidence.

Evidence Used to Support Intoxication Defenses

To prove intoxication, the defense may introduce evidence like:

• Expert testimony on effects of substances
• Defendant’s actions demonstrating intoxication
• Witness accounts of defendant’s intoxicated state
• Police reports indicating intoxication

Eyewitness testimony and police observations can provide strong supporting evidence.

Using Intoxication to Mitigate Sentencing

While voluntary intoxication rarely excuses crimes completely, it may persuade a judge to impose a lighter sentence. Arguments may include:

• Actions were out of character
• Intoxication reduced culpability
• Defendant has substance abuse issues needing treatment

An effective sentencing memorandum can appropriately emphasize intoxication as a mitigating factor.

When Intoxication Should Not Be Raised

Strategic reasons not to raise intoxication include:

• When stronger defenses like self-defense or alibi are available
• If intoxication was not severe enough to negate intent
• When it may undermine credibility or make defendant appear unsympathetic

Counsel should carefully weigh the risks and benefits before pursuing an intoxication defense.

Consulting an Attorney Regarding Intoxication Defenses

Only an experienced New Jersey criminal defense lawyer can properly advise if an intoxication defense is viable. The nuances of when intoxication excuses intent are complex.

Before pursuing an intoxication defense, speak to counsel about the facts of your case. In the right circumstances, intoxication may provide a powerful defense or mitigating factor.

¹
https://www.newjerseycriminallawattorney.com/criminal-process/intoxication-defense-in-new-jersey/

²
https://www.drinkdrivinglaw.co.uk/offences/intoxication-as-a-defence-to-criminal-liability/

³
https://www.criminaldefenselawyer.com/resources/using-voluntary-intoxication-as-a-criminal-defense.htm

⁴
https://www.criminaldefenselawyer.com/resources/using-involuntary-intoxication-as-a-criminal-defense.htm

⁵
https://www.criminaldefenselawyer.com/resources/using-involuntary-intoxication-as-a-criminal-defense.htm

⁶
https://www.drinkdrivinglaw.co.uk/offences/intoxication-as-a-defence-to-criminal-liability/
https://www.criminaldefenselawyer.com/resources/can-i-be-convicted-of-statutory-rape-if-i-was-drunk-and-didnt-know-my-par
https://www.avvo.com/legal-guides/ugc/intoxication-as-a-defense-to-criminal-charges-in-new-jersey
https://www.avvo.com/legal-guides/ugc/intoxication-as-a-defense-to-criminal-charges-in-new-jersey
https://www.criminaldefenselawyer.com/resources/using-voluntary-intoxication-as-a-criminal-defense.htm
https://www.drinkdrivinglaw.co.uk/offences/intoxication-as-a-defence-to-criminal-liability/
https://www.criminaldefenselawyer.com/resources/using-voluntary-intoxication-as-a-criminal-defense.htm