Getting drunk can be a fun time as long as you don't do anything really stupid. Unfortunately, more than one person has accidentally walked into a stranger's house and committed a robbery without realizing it, believing that they were at home. If this is happening to you, it is possible to mount a successful defense. But it won't be easy.
Accidental Robbery Is Not Impossible
Though it may seem hard to believe, people can commit robbery on accident. There are several cases of getaway drivers not realizing they were serving that role until after their friends showed up with bags of money in their hands. Other types of accidental robbery includes walking into somebody's house while you are drunk and taking items that you think are yours.
When caught in this act, you are going to get arrested and are likely to get prosecuted for your actions. Even if you didn't mean to steal anything, you may find that the person who's home you walked into by accident isn't going to be understanding and is likely to pursue a case against you as hard as possible.
Robbery Can Be A Serious Issue
While robbery typically requires that a person use a weapon or force to commit the crime, the person pursuing the case may try to claim that you either had a weapon or that you broke into their house against their will. Unfortunately, walking into somebody's house uninvited, even if the door is unlocked, is considered a use of force.
So even if you were drunk and your actions were not meant to be criminal, they are by definition a criminal act. Thankfully, it is possible to either mitigate the charges that you are facing or to get them dismissed by using your intoxication as a defense against a true charge of robbery.
Intoxication Is A Defense In Specific Circumstances
It might seem crazy to do it, but intoxication during a robbery can actually be a successful defense. However, the type of intoxication will matter heavily in your defense. For example, voluntary intoxication (such as getting drunk with friends at a bar) is often allowed as a plea that can decrease the severity of your charge.
For example, you could use your blood-alcohol level to indicate that you were much too drunk to be in control of your actions. A criminal defense attorney can then point out the fact that you weren't violent or that you didn't have the intent to commit robbery. That last part is particularly important because if you did not enter a person's home with the intent to commit a crime, it is possible to argue down to lesser charges.
While an intoxication defense isn't likely to completely get you off the hook, it can help you avoid more serious penalties and may result in only a series of fines and some probation. Just make sure that you get in control of your drinking to avoid this kind of problem in the future.Share