I was at a party and under the influence. I got into an argument with another drunk patron which ended up in a physical altercation. I guess he got severely injured and I was later contacted by police with pending assault charges against me. Because I was under the influence, is there any defense I have.











Answer: (1)
If you assaulted someone under the influence, you will undoubtedly get charged with assault yet it may be to a 2nd degree instead of a 1st degree. In many states, this is still a Felony charge and can come along with jail time and fines. The intoxication defense would most likely not work in an assault case unless you were intoxicated against your will, which you were clearly not. However, since there were witnesses and you may have not provoked the fight and acted in self defense, there maybe some defense options a Criminal Defense Attorney may be able to provide in helping you get a lesser sentence and penalty. You should contact a lawyer immediately.
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Posted by Bert Gonzalez on 08 Apr 2010