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 While Under The Influence

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!