Intoxication

The defense of intoxication is really a form of diminished responsibility and is only applicable when the intoxication “causes a mental disability which makes the person incapable of forming the specific intent” to commit a crime.  Thus, it is only available to specific intent offenses and is most commonly used as a defense to reduce the crime of first degree murder to second degree murder.  This defense must also be raised within forty days of arraignment but unlike the insanity defense, it does not subject the accused to an evaluation.

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