Involuntary Intoxication in Oklahoma
In order to be convicted of a crime in Oklahoma, the prosecution must prove all of that crime’s elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case.
Sometimes, however, a person might have a defense to why they did, or why they could not have, committed a certain crime. Involuntary Intoxication in Oklahoma requires evidence to support intoxication of the defendant to the point he or she is unable to form the intent required to commit the underlying crime.
A person is entitled to the defense of involuntary intoxication if, at the time of the commission of the acts/omissions that constitute the crime, that person did not know that his/her acts/omissions were wrong and was unable to distinguish right from wrong with respect to his/her acts/omissions. A person is also entitled to the defense of involuntary intoxication if that person did not understand the nature and consequences of his/her acts/omissions. The inability to know right from wrong or to understand the nature and consequences of his/her acts must be caused by the involuntary use of an intoxicant.
Oklahoma Jury Instruction #8-41.
It is the burden of the State to prove beyond a reasonable doubt that the defendant did know that his/her acts/omissions were wrong, was able to distinguish right from wrong with respect to his/her acts/omissions, and understood the nature and consequences of his/her acts/omissions at the time of the commission of the acts/omissions that constitute the crime. If you find that the State has failed to sustain that burden, then the defendant must be found not guilty.
Oklahoma Jury Instruction #8-44.
Therefore, the state has the burden of disproving involuntary intoxication and that the defendant did in fact know the wrongfulness of a criminal act he or she committed.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with a crime in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
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