People who are facing criminal charges sometimes have challenges with substance abuse disorders. It’s difficult for some people to recognize how the substance abuse disorder may be contributing to the alleged criminal actions, but it often becomes a critical point in a criminal case.
Drug or alcohol use doesn’t automatically excuse someone’s criminal actions, but it could become a part of the defense strategy. In some cases, the substance abuse disorder could at least partially explain a defendant’s intent, decision-making, treatment needs or sentencing considerations.
How substance abuse can affect mental states
One key question is whether the substance use affected the defendant’s mental state that’s required for a charged offense. Some crimes require proof that the defendant acted purposefully or intentionally. In limited cases, evidence of impairment may be relevant to the criminal case. It’s up to the court to determine how the substance abuse will impact the case.
Treatment and sentencing options when substance abuse is involved
Substance use issues sometimes become part of the sentence when there’s a criminal conviction. Courts may order counseling, drug testing, treatment, diversion programs, probation or specialty courts. Some of those options may not apply in some cases, such as if the defendant is facing violent charges or was previously convicted of a violent charge.
Including the substance use disorder in the defense strategy may help to get the court to order options that will help the defendant. One of the most important decisions that has to be made is whether the defense is being set for an acquittal or to mitigate the sentence the person may face. Working with someone familiar with these matters may be beneficial for these defendants.