Involuntary Intoxication: A Viable Defense Against Domestic Violence Charges

Many Hoosiers find themselves accused of crimes because they are intoxicated, but can intoxication serve as an effective legal defense?

Intoxication can be a legal defense against allegations of domestic violence—so long as someone else is responsible for your intoxication.

What Does “Involuntary Intoxication” Mean?

The phrase involuntary intoxication refers to someone who is intoxicated either without consent, against their will, or without their knowledge. Indiana Code § 35-41-3-5 recognizes involuntary intoxication as a viable defense for virtually any crime, including domestic violence offenses.

Examples of Involuntary Intoxication

There are many circumstances where individuals may:

• Consume a beverage or food that someone else has laced with drugs
• Consume an alcoholic drink without realizing the drink contains alcohol
• Consume a substance that they do not know will lead to intoxication (such as a drug prescribed by a doctor without sufficient warning)
• Be forced, either by the threat of physical violence or other means of coercion, to consume an intoxicating substance

If there is reason to believe the individual’s intoxication led to an instance of alleged domestic violence, the involuntary intoxication defense may be fitting.

How Can Involuntary Intoxication Be a Defense to Domestic Violence Charges?

Studies show a correlation between intoxicating substances (including but not limited to alcohol) and domestic violence. If an individual stands accused of committing a threatening or violent act towards a partner (or family member, or roommate) while involuntarily intoxicated, it is reasonable to conclude that:

• The individual’s intoxication played some role in the alleged domestic violence
• The instance of domestic violence may not have happened if the individual was not intoxicated
• The involuntary intoxication defense is viable

Involuntary intoxication is just one of many potential defenses when you are charged with a domestic offense in Indiana. Our criminal defense lawyers will evaluate your circumstances and prepare the most appropriate defense.

Call Razumich & Associates Today for a Defense Against Domestic Violence Charges

Domestic violence charges carry severe legal and non-legal penalties. Take your defense seriously by hiring criminal defense attorneys with a track record of success in domestic violence cases.

Call Razumich & Associates today at 317-449-8661 or contact us online for a consultation about hiring a domestic violence defense lawyer.