Can I use the fact that I was under the influence of drugs and alcohol when I burglarized a home as a defense to the charge of burglary in court? Will the fact that I am now attending drug and alcohol rehab help my case?
Burglary of a person’s residence is what is known as a first degree felony burglary. To be convicted of this crime a prosecutor must prove that you broke and entered into the home with the specific intent of committing theft or a felony.
When you are charged with a specific intent crime, the jury can consider evidence that you were intoxicated or under the influence when you committed the crime. This evidence could cause the jury to decide that you couldn’t have had the required specific intent, and therefore to find you innocent. In other words, the jury would have to find that your level of intoxication was such that you broke into the house randomly and were incapable of forming the intent to commit theft or a felony. Voluntary intoxication used as a defense in a burglary case is generally a difficult defense to prove unless there is compelling evidence—often from other witnesses—that you lacked the specific intent to prove the crime.
Also, the fact that you now attend a drug and alcohol rehab is great news. However, it will have no affect on the guilt phase of your case. It could go toward reducing your sentence if you are convicted!
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
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