Charge 2C:18-2a(1) Burglary in the third degree.
Question Details: Arrested on July 5, 2009 in Lakewood, NJ. Charge 2C:18-2a(1) Burglary in the third degree. I had been drinking at a family birthday party. I was very intoxicated more than I thought. Drinking mixed hard liquor drink. Very irresponsibly on my part, as I take four medications for severe depression and can not mix with hard liquor, this causes me to have black outs. I have had similar black outs in the past. None involving a crime or felony. Hotel says they have surveillance of me breaking into the vehicle. I do not remember everything. One thing is for certain, I would never plan to do somethi
Criminal Defense Law Answers
The crime of Burglary requires specific intent to commit a crime. This is an element which must be proven. While voluntary intoxication is not normally a defense, it may be possible to show that you did not have the required intent as a result of the effect of your medications and the alcohol. In the past, I have successfully used experts in cases of this type.
Richard Insley
- 2C:18-2a(1) Burglary is a 3rd degree offense. The mental state required for this crime is
- with purpose. This means that it must have been your conscious object to have broken into
- the vehicle. Severe intoxication is a possible defense when this mental element is required
- by a particular crime. (See 2C:2-8.) An expert may be required to testify as to the effect of
- mixing alcohol with your medications. One thing further, in light of the fact that this was a
- vehicle (?) Burglary, if you have no criminal record here or in any other state, you might want
- to apply for Pretrial Intervention (PTI). The only thing they can do is say "No." Their decision
- can then be appealed to the judge.
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