An assault is a threat that puts someone in fear of their safety, according to state law. Often, assault and battery incidents involve one individual attacking or intimidating someone else. Many assault-related offenses relate to domestic violence situations where people lash out at romantic partners or family members.
However, violent altercations can also take place between strangers and social acquaintances. Situations involving recreational drug use or alcohol can see minor disputes quickly escalate into physical altercations or intimidating threats.
Most people recognize that the use of mind-altering substances might increase their chances of getting into a fight at a social gathering or venue. Many people expect others to turn a blind eye to an alcohol-fueled fistfight at a party or concert. However, the other party involved, nearby witnesses or employees may contact law enforcement.
Can the state pursue assault or battery charges if the people involved were under the influence?
Impairment does not eliminate culpability
Generally speaking, there are two necessary elements for most criminal charges. Prosecutors have to establish that someone violated the law and that they intended to do so. Criminal intent is therefore an important aspect of many defense strategies.
Given that alcohol prevents people from consenting in many scenarios, it seems straightforward to assume that someone who is under the influence of alcohol or other mind-altering drugs is not in a position to have true criminal intent. In fact, they may be more at risk of an incident than sober members of the general public.
Their impaired cognitive abilities can lead to unnecessary aggression and heightened emotional responses when they might otherwise handle a situation calmly. In theory, chemical intoxication might seem to eliminate criminal intent, as the person involved in the fight was not in their right mind.
However, state law very clearly establishes that voluntary intoxication does not protect someone from criminal prosecution. Making the decision to consume alcohol or drugs means accepting the impact that those substances have on one’s behavior.
Understanding the rules that limit criminal defense strategies in Florida can help those facing criminal charges plan the best response. Although blaming intoxication may not be an option, there could be other workable strategies for someone who has been accused of assault.