Criminal Defense Lawyers

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).

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 Avvo, Lawyers.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.