People get arrested for assaults after fights with family members or when disagreements at social events turn physical. Even if neither of the parties involved in an incident contacts law enforcement, sometimes other people may intervene.
If police officers believe that an assault occurred, they may arrest one of the people involved in an incident and sort the matter out later. Prosecutors often bring charges based on what police officers and witnesses state happened.
Those accused of assaults and similar violent offenses may hope to avoid a conviction by exploring the situation that led to their arrest at trial. Some people establish that they acted in self-defense. Others may try to raise questions about what really happened. Could alcohol impairment serve as a mitigating factor for those accused of a violent offense in Texas?
Intoxication does not limit culpability
Many people know that drunk individuals cannot enter into binding agreements and have diminished legal capacity to consent. That might lead to people expecting lenient consideration from the courts if they face criminal charges but were under the influence at the time of their arrest.
Contrary to those expectations, the state does not extend automatic lenience for those who make criminal mistakes while under the influence of alcohol. Texas state statutes very clearly describe different circumstances that might warrant an affirmative defense or a strategy based on unusual circumstances that change the legality of specific behaviors.
Simply having too much to drink does not serve as an affirmative defense in Texas. The law actually overtly prohibits affirmative defenses based on voluntary intoxication. Criminal defendants cannot use their impaired state as a justification for becoming physical toward another person.
The decision to ingest mind-altering substances, like alcohol, comes with responsibility for whatever may happen while under the influence. People cannot deny personal responsibility for throwing a punch while drunk by asserting they would not behave the same way while sober.
That being said, there might be other defense strategies that could work. Perhaps the other party initiated physical contact first, making what followed an act of self-defense. The defense options available depend on the unique circumstances that led up to the incident.
Defendants who explore the evidence against them with the assistance of a skilled legal team can craft strong defense strategies in response to violent criminal charges. While alcohol intoxication does not mitigate criminal activity, there are many other factors that can provide the basis for a successful defense strategy.