How Intoxication Affects Assault Charges in CA

Alcohol and drugs are often factors in crimes, especially in assault cases. Those who have been charged with assault while under the influence of an intoxicating substance might be wondering if this factor will affect their case.

In California, there are specific differences in cases where intoxication is a contributing factor. Those who are facing criminal charges while intoxicated should get a criminal defense attorney ASAP. They understand criminal law and can create a complete defense to help their clients. They can consult on false accusations of assault in CA as well.

What Is Assault Under California Law?

Before explaining how intoxication can affect assault charges, it's important to understand how California law defines assault.

California Penal Code § 240 defines assault as an unlawful attempt to inflict violent injuries, with a present ability, on another person. Unlike battery charges, it is not necessary to make physical contact to be charged with assault.

To get an assault conviction, a prosecutor will need to prove that the defendant intended to take that action, they had the ability to apply force, and that they acted willfully.

Voluntary vs. Involuntary Intoxication: What’s the Difference?

To understand how intoxication can affect an assault charge, it's important to know how the state defines intoxication. First, there are two types of intoxication that the state considers: voluntary and involuntary intoxication.

Voluntary Intoxication Defense

Voluntary intoxication is when a person knowing consumes drugs or alcohol. In most cases, there is no voluntary intoxication defense. This means, that if a person started a bar fight while intoxicated, or they otherwise assaulted someone, and they were intentionally drinking, they can't claim that the alcohol or other substance had an affect on the criminal intent.

Voluntary intoxication, however, may play a role in specific intent crimes. These include assault with the intent to commit rape, commit great bodily injury, or aggravated assault where intent is the key factor. In these cases, a defense attorney can argue that the intoxication made their client incapable of forming intent to commit the crime.

Involuntary Intoxication Defense

Involuntary intoxication occurs when a person is either unknowingly drugged, or they are forced to consume drugs or alcohol. Involuntary intoxication defense is a valid legal defense, and a defense lawyer can argue that their client lacked the ability to make decisions in the criminal act because of their intoxication. In other words, if the attorney can prove that the accused was involuntarily intoxicated and did not have the necessary criminal intent, this could be a valid defense.

How Prosecutors Handle Intoxicated Defendants

In California, prosecutors often treat assault charges aggressively. This includes when intoxication is involved.

For instance, they may use the intoxication as evidence of criminal liability. They also might argue that the alleged crimes the defendant committed did not affect their mental state, nor does it excuse violence. Finally, they may also emphasize the danger poised to the victim(s) and to others, specifically when domestic violence or DUI-related assaults are involved in the alleged crime.

Assault Criminal Charges Commonly Associated With Intoxication

Certain assault charges are commonly linked to intoxicating liquor or an illegal drug.

For instance, simple assault is a misdemeanor assault charge that is often charged to those who end up in bar fights. In this case the defendant's intoxication could have an affect on the crime, but it's unlikely that this would be a strong defense.

Battery is another charge that is often linked to those who have consumed alcohol or taken an intoxicating drug.

Assault with a deadly weapon could also be escalated by alcohol or other intoxicating substance. This could be further escalated if the suspect used an object as a weapon.

Finally, criminal cases involving assault on a peace officer are often exasperated by alcohol or controlled substances.

All of these charges can have enhanced penalties, especially if the defendant has prior convictions or if the victim has serious injuries.

Can Intoxication Be Used as a Defense in an Assault Case?

Yes—but it depends on the type of assault, the circumstances of the case, and whether the intoxication was voluntary or involuntary. For more information, our criminal defense attorneys may be able to help.

Here’s how intoxication might factor into different legal defenses:

1. Lack of Intent

If the assault charge requires specific intent—such as intent to cause great bodily harm or to commit another felony—then a defense attorney might argue that the defendant was too intoxicated and didn't specifically intend to commit the crime.

For example:

• A person was drunk and pushed someone during an argument.

• The lawyer argues that the client did not intend to cause harm, only to defuse the situation or move the person away.

2. Involuntary Intoxication

If a defense lawyer can prove the client was drugged or intoxicated without his or her consent or knowledge, this may be a full defense. The attorney will use this as proof the client lacked the mental capacity to commit the crime knowingly or willfully.

3. Self-Defense

Even if a client was intoxicated, they may still be entitled to claim self-defense. If someone attacked the accused person first and they responded with reasonable force, the lawyer can argue that their actions were legally justified.

Penalties for Assault While Intoxicated

Assault charges in California carry serious consequences, and intoxication doesn’t generally lessen them or factor into defense strategies in most California criminal cases. In fact, being under the influence can sometimes make the case worse in the eyes California courts.

Penalties if Found Guilty May Include:

• Jail or prison time: Misdemeanor assault can result in up to 6 months in jail. Felony assault can mean years in prison.

• Probation: A person may face alcohol or drug counseling requirements.

• Fines: Up to $1,000 for misdemeanors; much more for felonies.

• Protective orders: Especially in domestic assault cases.

• Loss of gun rights: For felony convictions or domestic violence-related offenses.

• Immigration consequences: Assault convictions, especially those involving drugs or violence, may lead to deportation for non-citizens.

An Experienced Criminal Defense Attorney Can Create an Excellent Legal Defense

Those who are facing assault charges in California and intoxication is a factor, must get a lawyer and start looking into defense options.

An experienced criminal defense lawyer can evaluate the case, determine whether intoxication is a viable defense, and work to get charges reduced or dismissed.

An attorney may:

• Investigate the circumstances of the intoxication

• Challenge the prosecution’s version of events

• Present mitigating factors (such as lack of intent or provocation)

• Negotiate a plea deal or alternative sentencing

• Argue for treatment instead of incarceration

Being intoxicated is not a free pass under California law. However, when it comes to how intoxication affects assault charges in CA, the context matters—and in some situations, it may form the basis of a strong legal defense.

Those accused of assault while under the influence should never try to navigate the justice system alone. They should contact an experienced California criminal defense attorney at Goss Law immediately to protect their rights.