A common example is the crime of assault, which requires an intent to cause harm. For instance, the defendant may not understand the nature of his or her actions or may be deemed incapable of obtaining the state of mind necessary to commit the crime. If a charged crime is a specific intent crime, meaning that the criminal defendant must have had the specific intent to commit the crime in question, involuntary intoxication can be a defense to criminal charges if it prevents the defendant from forming the intent that is required. Involuntary intoxication may also occur as a result of an allergy to, or the unintended effects of, a legal prescription medication. For instance, a woman who has a date rape drug placed in her drink without her knowledge is involuntarily intoxicated. Involuntary intoxication occurs when someone is tricked into consuming a substance like drugs or alcohol, or when someone is forced to do so. The intoxication defense applies in very limited circumstances and typically depends on whether the intoxication was voluntary or involuntary and what level of intent is required by the criminal charge.
Intoxication is a defense available to criminal defendants on the basis that, because of the intoxication, the defendant did not understand the nature of his or her actions or know what he or she was doing.
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