People in Kentucky may get arrested for assault in a variety of different situations. Some people face allegations related to domestic altercations. Other people might face charges after a confrontation at a bar or a party.
There are a handful of different defense strategies that can work for those accused of assault. In some cases, police officers may have accused the wrong person because they look similar to the person involved and were at the wrong place at the wrong time. Other times, the person accused could potentially claim that they acted in self-defense.
In cases where heightened emotions lead to an unnecessary confrontation, people may blame their actions on their alcohol consumption. Can inebriation influence the outcome of assault cases in Kentucky?
Impairment isn’t a reasonable explanation for violence
Most adults have enjoyed alcohol enough to understand how it affects their thinking, feelings and behavior. Alcohol acts as a disinhibitor, allowing people to act out on their intense emotions that they might otherwise suppress. Excessive alcohol consumption can lead to people becoming overly aggressive during a conversation or confrontation with another person.
While alcohol use may explain someone’s behavior, it does not excuse it. Kentucky state law explicitly prohibits using voluntary intoxication as an affirmative defense. In other words, being under the influence of alcohol does not diminish someone’s culpability for their behavior.
Someone who chooses to drink also accepts the consequences of their conduct after they drink. A defendant can only use intoxication as part of a broader defense strategy if they didn’t intentionally consume alcohol or drugs.
In scenarios where someone didn’t realize that food or beverages had alcohol in them or when someone may have drugged a drink, involuntary impairment could affect their defense options. For most people who get into a fight while under the influence, intoxication does not excuse their behavior.
Presenting evidence of intoxication is unlikely to help someone avoid a conviction or minimize the penalties imposed by the courts. Thankfully, there are other defense strategies that can potentially work for those accused of assault in Kentucky. Reviewing the exact situation that led to assault charges with a skilled legal team can help someone plan an appropriate defense strategy. Fighting against assault charges can help people avoid criminal records and penalties that could alter their lives.