Passaic County NJ Intoxication Defense Lawyer
Criminal Defense Attorney in Totowa, New Jersey
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Totowa, West Milford, Clifton, Wayne, and Paterson, who have been charged with criminal offenses such as burglary, simple assault, terroristic threats, and weapons possession.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a battle-tested criminal defense lawyer who will attack the criminal charges against you and raises defenses in the courtroom that are needed to help you achieve the best possible result. Contact her office anytime for an initial consultation, which is always provided free of charge.
Defense of Intoxication in New Jersey: N.J.S.A. 2C:2-8
Defenses Intoxication. N.J.S.A. 2C:2-8 provides:
a. Except as provided in subsection d. of this section, intoxication of the actor is not a defense unless it negatives an element of the offense.
b. When recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial;
c. Intoxication does not, in itself, constitute mental disease within the meaning of chapter 4.
d. Intoxication which (1) is not self-induced or (2) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct did not know the nature and quality of the act he was doing, or if he did known it, that he did not know what he was doing was wrong. Intoxication under this subsection must be proved by clear and convincing evidence.
e. Definitions. In this section unless a different meaning plainly is required:
1. Intoxication means a disturbance of mental or physical capacities resulting from the introduction of substances into the body;
2. Self-induced intoxication means intoxication cause by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime;
3. Pathological intoxication means intoxication grossly excessive in degree, given the amount of the intoxicant, which the actor does not know he is susceptible.
Alissa D. Hascup is a skilled and experienced attorney who knows the nuances of the law and the defenses that can be raised to fight certain charges. She can use her knowledge to your advantage.
Contact a Passaic County NJ Intoxication Defense Lawyer Today
If you find yourself in a situation where you or a loved one have been charged with a criminal offense as a result of an incident in which the actor was under the influence of alcohol or a narcotic, the defense of intoxication may be applicable. Don’t delay in hiring legal representation – protect your rights. Contact Ms. Hascup’s office today to request a free initial consultation about your case.
