Fights between relative strangers and domestic disputes may begin with the consumption of alcohol. Alcohol disinhibits people, potentially exacerbating what could be minor disputes. People who have had too much to drink might let their emotions get the better of them during an argument.
They might make things physical when they could have just walked away. Other people might call the police when they witness a fight in progress. The state may pursue assault charges against those involved in physical altercations, especially if another person sustained noteworthy injuries.
Those accused of assault might insist that the incident would not have occurred if they hadn’t consumed alcohol previously. Can the prior consumption of alcohol provide the basis for a defense strategy?
Intoxication does not eliminate culpability
The diminished capacity of people who are under the influence is well known. Generally speaking, people accept the idea that alcohol inhibits decision-making and affects behavior. However, given that this information is widespread, people who do choose to drink generally have to accept the consequences of how they behave while intoxicated.
State statutes actually prohibit raising a defense based on claims of voluntary intoxication. In other words, being under the influence when a fight occurs does not provide the basis for a strong criminal defense strategy. Still, those accused of assaults because of an alcohol-fueled fight could have different defense strategies available to them.
Learning more about state statutes and discussing one’s case with a skilled legal team can help people plan how to respond to recent criminal allegations. Defendants who come to court with the right support and legal strategy developed by an experienced Austin assault attorney can potentially avoid the worst consequences of a pending assault charge.